289 — เหตุที่เจ้าพนักงานต้องงดการบังคับคดี

คำแปลภาษาไทย

The executing officer shall stay the execution in the following cases:
(1) where the court has ordered a stay of execution by reason of the filing of an application for a new trial and has notified the executing officer as provided in Section 199 quinque, paragraph one, or Section 207.
In such case, if the judgment creditor files a motion stating that he may suffer damage from the filing of the application and there is prima facie evidence showing that the application is without merit and was filed to delay the execution, the court has the power to order the judgment debtor to deposit money or furnish security as it thinks fit within the period it sets, as security for payment of compensation to the judgment creditor for the damage that may be sustained through the delay in execution arising from the filing of the application, or to lay down any provisional measure of protection as it thinks fit. If the judgment debtor does not comply with the court's order, the court shall order the revocation of the order staying the execution;
(2) where the court has ordered a stay of execution and has sent that order to notify the executing officer. In such case the executing officer shall stay the execution within the period or on the conditions set by the court;
(3) where the judgment creditor has notified the executing officer in writing that he agrees to stay the execution for a fixed period or on any condition, with the written consent of the judgment debtor and of the third parties having an interest in the execution;
(4) where the creditor who applied for execution fails to comply with Section 154.
The executing officer shall serve notice of the stay of execution on the judgment creditor and the third parties having an interest without delay, except where the execution has been stayed at the request of that person himself.

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