276 — การพิจารณาสั่งบังคับคดี

คำแปลภาษาไทย

When the judgment creditor applies for execution, if the court is of the view that the judgment debtor has known, or is deemed to have known, the decree, that the period fixed for compliance with the decree has expired, and that the application states all the required particulars, the court shall determine the method of execution as provided in this Code and under Section 213 of the Civil and Commercial Code, as follows:
(1) if the execution must be carried out through an executing officer, the court shall issue a writ of execution appointing an executing officer and notify the executing officer to proceed as specified in the writ;
(2) if the execution may be carried out without appointing an executing officer, the court shall order such method as it considers appropriate, so far as the nature of the execution permits;
(3) if the application is for the court to order the arrest and detention of the judgment debtor, the proceedings shall continue under the provisions governing that matter.
In a summary case, before issuing a writ of execution, the court may, if it considers it appropriate, issue a summons to the judgment debtor or another person to inquire about compliance with the judgment, in order to consider whether a writ of execution should be issued.
Where the applicant for execution requests any action relating to execution, if there is doubt whether execution should be carried out against any property, or another proper cause to protect a third party who may be harmed by such action, before the court grants the application, the court has power to order the applicant to deposit money or provide security with the court in the amount and within the time the court considers appropriate, as security for compensation for damage that may arise from such execution. If the applicant fails to comply, the court shall dismiss the application for such execution. As for the money or security deposited, when the court considers it no longer necessary, it may order its return or the cancellation of the security. An order of the court under this paragraph shall be final.
In the case under paragraph three, if damage arises from execution through the fault or negligence of the applicant, the injured person may file an application with the court within thirty days from the date of the execution, requesting the court to order the applicant to pay compensation for the damage caused. In such a case, the court has power to order the matter to be tried separately from the original case, and when the court, after inquiry, is of the view that the application is well founded, it shall order the applicant to pay compensation in the amount the court considers appropriate. If that person fails to comply with the court's order, the injured person may apply to the court to enforce against that person as if that person were a judgment debtor.

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