324 — สิทธิได้รับชำระจากเงินขายทอดตลาด

คำแปลภาษาไทย

Any person who is entitled to receive payment or a share from the money obtained from the auction or other disposal of the property of the judgment debtor that the execution officer has seized, by virtue of a real right, preferential right, right of retention, or other right that person has over the property, or may apply to have enforced over that property in accordance with the law, shall proceed as follows:
(1) In the case of a mortgagee of the property, or a holder of a preferential right over immovable property that has been registered, that person may file an application with the court that issued the writ of execution, before the property is put up for sale or disposal, seeking an order of one of the following kinds:
(a) In a case where the mortgaged property may be foreclosed, an application that the mortgaged property be foreclosed. If the court grants the order, the seizure of the mortgaged property is thereby revoked;
(b) In other cases, an application that the execution officer apply the money obtained from the sale or disposal of that property to satisfy that person's claim before other creditors, all in accordance with the provisions of the Civil and Commercial Code or other laws.
(2) In the case where it appears to the execution officer that the property sold or disposed of belongs to co-owners as registered, the execution officer shall set aside the share of the other co-owners, apart from the share of the judgment debtor, from the money obtained from the sale or disposal of that property, as provided in Section 340.
(3) In the case of a holder of a right of retention that has no preferential right over the property sold or disposed of, that person may file an application with the court that issued the writ of execution within fifteen days from the date of sale or disposal of that property, seeking that the money obtained from the sale or disposal be applied to satisfy that person's claim before other creditors who have no preferential right over that property.
(4) In cases other than those specified in (1), (2), and (3), the holder of the right may file an application with the court that issued the writ of execution within fifteen days from the date of sale or disposal of that property, seeking to receive a share of the money obtained from the sale or disposal, or seeking that such money be applied to satisfy that person's claim before other creditors, all in accordance with the provisions of the Civil and Commercial Code or other laws.

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