295 — เพิกถอนการบังคับคดีที่ผิดระเบียบ

คำแปลภาษาไทย

Where a writ of demand, a writ of execution, or a court order at the execution stage is defective, erroneous, or contrary to law, and it is necessary, in the interest of justice, to set aside or correct that writ of demand, writ of execution, or order, then, when the court thinks fit at any time before the execution has been completed, or when the executing officer reports to the court, or when the judgment creditor, the judgment debtor, or a third party having an interest in the execution who must suffer damage by reason of such cause files a motion with the court, the court shall have the power to order the setting aside or correction of the writ of demand, writ of execution, or order, in whole or in part, or to make any order as it thinks fit.
Subject to Section 331, paragraph three, if the executing officer has carried out the execution defectively, erroneously, or contrary to law, then, when the court thinks fit at any time before the execution has been completed, or when the judgment creditor, the judgment debtor, or a third party having an interest in the execution who must suffer damage by reason of such cause files a motion with the court, the court shall have the power to order the setting aside or correction of all the execution proceedings or of any particular method of execution, or to prescribe any method to the executing officer as it thinks fit.
The filing of a motion under paragraph one or paragraph two may be done at any time before the execution has been completed, but not later than fifteen days from the day on which the applicant became aware of the fact or circumstance that is the ground of the objection, provided that the applicant has not taken any fresh step after becoming aware of the defect, error, or violation of law, or has not ratified that act; and in such case the applicant may at the same time request the court to order a stay of the execution pending the adjudication.
For the purpose of this Section, the execution shall be deemed completed when the following has been done:
(1) where the writ of demand requires the delivery of property, the doing of an act, or the refraining from an act, when the writ has been complied with; but if compliance can be divided into parts, when the writ has been complied with as to any part, the execution shall be deemed completed only as to that part;
(2) where the writ of demand requires the payment of money, when the executing officer has paid out the money under Section 339, Section 340, Section 342, Section 343, or Section 344, as the case may be; but if the property under execution comprises several items, when the executing officer has paid out the money obtained from the auction of any item, the execution shall be deemed completed only as to that item.
In filing a motion under paragraph one or paragraph two, if there is prima facie evidence showing that the motion is without merit and was filed to cause delay, the court has the power to order the applicant to deposit money or furnish security in the amount and within the period it thinks fit, as security for payment of compensation to the judgment creditor or that person for the damage that may be sustained from the filing of the motion. If the applicant does not comply, the court shall dismiss the motion. When the court sees that the money or security is 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.
Where the court has dismissed a motion filed under paragraph one or paragraph two, if the person who has suffered damage from the filing considers that the motion was without merit and filed to cause delay, that person may file a motion with the court within thirty days from the day of the order of dismissal, requesting the court to order the applicant to pay compensation. In such case, the court may order the matter to be tried separately from the original case, and when the court, after inquiry, is of the opinion that the motion is sustainable, it shall order that applicant to pay compensation to the person who has suffered damage in the amount it thinks fit. If that applicant does not comply, the person who has suffered damage may request the court to execute against that applicant as if he were a judgment debtor.

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