299 — การเพิกถอนคำสั่งห้ามโดยวางประกัน

คำแปลภาษาไทย

Where the executing officer has issued a prohibition order under Section 298, paragraph one, the person named as owner of the property or of the claim according to the register or other evidence, or a person having an interest in that property or claim, may apply to the executing officer to revoke that prohibition order by depositing money or providing security in place of that property or claim. If the executing officer is satisfied with the money or the security, the officer shall revoke that prohibition order and retain the money or security.
Where the executing officer does not revoke the prohibition order under paragraph one, the applicant may file a motion with the court within fifteen days from the day of learning of the executing officer's order, seeking revocation of the prohibition order by depositing money or providing security. The court shall send a copy of the motion to the executing officer and to the judgment creditor for an urgent inquiry. The order of the court shall be final.
Where the court orders seizure of the property or attachment of the claim under Section 298, paragraph three, if that property cannot be seized or that claim cannot be attached but money or security has been deposited in place of that property or claim, the judgment creditor may request the court to enforce against the money or security so retained, or against the surety, without having to file a new action.
Where the judgment creditor has not filed a motion, or the court dismisses the motion under Section 298, paragraph three, the executing officer shall return the money or security retained to the person who deposited it, or shall cancel the security.

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