298 — ยึดทรัพย์ที่มีชื่อบุคคลอื่นเป็นเจ้าของ

คำแปลภาษาไทย

Where property or a claim that the judgment creditor asserts belongs to the judgment debtor is registered in the name of another person as owner, or appears from other evidence to belong to another person, and the executing officer doubts that the property or claim belongs to the judgment debtor and refuses to seize or attach it, then, if the judgment creditor insists on the seizure or attachment, the executing officer may seize that property or attach that claim, or may order a stay of the seizure or attachment. Where he orders a stay, the executing officer shall issue an order prohibiting the transfer, sale, removal, disposal, destruction, impairment of value, or alteration of the rights in that property or claim in the meantime.
The prohibition order of the executing officer under paragraph one shall take effect immediately, and the executing officer shall promptly notify the judgment debtor and the person named as owner of the property or claim in the register or in other evidence of the prohibition order. Where such property must be or has been registered under the law, the executing officer shall also 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) shall apply mutatis mutandis.
The judgment creditor may file a motion with the court within fifteen days from the day on which the executing officer orders a stay of the seizure or attachment under paragraph one, to request the court to order the executing officer to seize that property or attach that claim. In such case, the court shall serve a copy of the motion on the executing officer and on the person named as owner of the property or claim in the register or in other evidence, and that person may object that the property or claim does not belong to the judgment debtor by filing an objection with the court within fifteen days from the day of receiving the copy of the motion; and the provisions of Section 323 or Section 325, as the case may be, shall apply mutatis mutandis. If the court orders the seizure of the property or the attachment of the claim, the person who has filed an objection under this paragraph may not further exercise the right under Section 323 or Section 325, as the case may be.
Where the judgment creditor has not filed a motion within the period under paragraph three, or the court dismisses the motion, or the court grants the motion under paragraph three but the judgment creditor does not proceed with the execution against that property or claim within fifteen days from the day of the court's order, the prohibition order under paragraph one shall lapse, and the executing officer shall notify the persons under paragraph two of the lapse of that prohibition order.

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