296 — วิธีบังคับคดีตามคำพิพากษาให้ชำระเงิน

คำแปลภาษาไทย

Where a judgment or order of the court requires the payment of money, the executing officer shall have the power to execute by the following methods:
(1) seizing the property of the judgment debtor;
(2) attaching a claim of the judgment debtor that calls upon a third party to pay money or to deliver or transfer property;
(3) attaching a claim of the judgment debtor that calls upon a third party to perform an obligation of another kind, other than those mentioned in (2);
(4) selling by auction or disposing by other means of the property obtained from the seizure or attachment, or of the claim that has been attached.
Where the property cannot yet be seized or the claim cannot yet be attached because of some obstacle preventing immediate seizure or attachment, then, when the executing officer sees fit on his own or the judgment creditor so requests, the executing officer shall have the power to order the judgment debtor not to transfer, sell, remove, or dispose of that property or claim on a temporary basis, to the extent necessary. If the property or claim is one in which a third party is involved, the executing officer shall notify the person so involved of the prohibition order; or if the property or claim is one that must be or has been registered under the law, the executing officer shall notify the registrar or the competent official having the duty of registration under the law concerned, and if it has already been registered, the registrar or the official shall record the executing officer's order in the register. The provisions of Section 315 (1) and Section 320 (1) and (2) shall apply mutatis mutandis. Where there is reasonable cause, the executing officer may issue an order cancelling or amending such order, and the provisions of Section 261 and Section 262 shall apply mutatis mutandis.
Where the obstacle has come to an end or there is no longer any need to proceed with the execution, or the judgment creditor neglects to take any step required by the executing officer, the executing officer shall give notice cancelling the prohibition order to the persons involved.

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