325 — การคัดค้านคำสั่งอายัดสิทธิเรียกร้อง

คำแปลภาษาไทย

When the attachment order in respect of a claim has been notified to the third party under Section 316, the third party may file an objection to the attachment order with the court within fifteen days.
A person who will be prejudiced by the attachment order may file an objection to that order within the following periods, provided that in no case shall it be later than fifteen days from the date of becoming aware of the attachment order:
(1) If the claim is for the payment of money, the objection shall be filed with the court before the execution officer pays that money, in whole or in part, to the judgment creditor.
(2) If the claim is for the delivery or transfer of property, the objection shall be filed with the court before the auction or other disposal of that property.
(3) If the claim is for the performance of an obligation other than those in (1) and (2), the objection shall be filed with the court before the third party performs the obligation.
When the court has ordered the objection under paragraph one or paragraph two to be accepted, a copy of the objection shall be served on the judgment creditor, the judgment debtor, and the execution officer, and the execution officer shall stay the enforcement of the attachment order pending the ruling. When the court has held an inquiry, if it is satisfied that the claim of the judgment debtor genuinely exists and is enforceable, it shall dismiss the objection and order the third party to comply with the attachment order; but if it is satisfied that the objection is well founded, the court shall order the attachment of the claim to be withdrawn.
During the consideration of the objection under paragraph three, the judgment creditor may file a motion that the objection 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 objector 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 judgment creditor for the damage that may be sustained from the filing of that objection. If the objector fails to comply with the order of the court, the court shall order the objection struck off. 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.
If the court has ordered the third party to comply with the attachment order and that person does not comply with the order of the court, the judgment creditor may apply to the court to enforce against the third party as though that person were a judgment debtor.
In the case where the objection under paragraph one or paragraph two has no merit and was filed to delay the execution, the judgment creditor may file a motion with the court within thirty days from the date the court dismissed the objection, seeking an order that the objector 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 objector to pay compensation in such amount as it thinks fit. If that person fails to comply with the order of the court, the judgment creditor may apply to the court to enforce against that person as though he were a judgment debtor.

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