323 — การร้องขอให้ปล่อยทรัพย์ที่ถูกยึด

คำแปลภาษาไทย

Subject to Section 55, any person who alleges that the defendant or the judgment debtor is not the owner of the property that the execution officer has seized, or that he is a co-owner having ownership or possessory rights in that property being immovable property whose possession has been divided into definite portions, or that he is a co-owner of that property being divisible movable property, or that he is a person in a position to have his right in that property registered in priority, may apply to have that property released in whole or in part, or only his own portion, as the case may be, by filing an application with the court that issued the writ of execution within sixty days from the date of the seizure of that property. However, if he is unable to file the application within that period, he may file it after the lapse of such period only where there are special circumstances, and not later than seven days before the date fixed by the execution officer for the first auction or other disposal of that property, except in the case of force majeure, in which case he may file the application later, but must do so before the auction or other disposal of that property.
In the case of property under Section 332, the person making the allegation may file an application with the court within sixty days from the date of the seizure of that property. However, if he is unable to file within that period, he may file it after the lapse of such period only where there are special circumstances, but must do so before the execution officer pays the money obtained from the sale of that property to the judgment creditor under Section 339, or before the distribution account showing the amount from the sale of that property becomes final under Section 340, as the case may be. In this regard, the net amount obtained from the sale shall be deemed to be the property sought to be released.
When the court has ordered the application to be accepted, a copy of the application shall be served on the plaintiff or the judgment creditor, the defendant or the judgment debtor, and the execution officer. When the execution officer has received such an application, if the seized property is not property under Section 332, the auction or disposal of that property shall be stayed pending the ruling, and the court shall try and adjudicate the case in the same manner as an ordinary case.
The plaintiff or the judgment creditor may file a motion that the application has no merit and was filed to delay the execution. When there is prima facie evidence that the motion is well founded, the court has the power to order the person making the allegation to deposit money or provide security with the court in the amount and within the time the court thinks fit, as security for the payment of compensation to the plaintiff or the judgment creditor for the damage that may be sustained from the filing of that application. If the person making the allegation fails to comply with the order of the court, the court shall order the case struck off the cause list. As for the money or security deposited with the court, the court may order its return or the cancellation of the security when it is of the opinion that it is no longer necessary. The order of the court under this paragraph shall be final.
In the case where the court has dismissed the application filed under paragraph one or paragraph two, if the plaintiff or the judgment creditor who has sustained damage from the filing of that application is of the opinion that the application had no merit and was filed to delay the execution, that person may file a motion with the court within thirty days from the date the court dismissed the application, seeking an order that the person making the allegation pay compensation for the damage sustained. In such a case, the court has the power to order the matter to be tried as a separate case from the original case, and when the court has held an inquiry and is of the opinion that the motion is well founded, it shall order the person making the allegation to pay compensation in such amount as it thinks fit. If that person fails to comply with the order of the court, the plaintiff or the judgment creditor may apply to the court to enforce against that person as though he were a judgment debtor.

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