326 — การขอเฉลี่ยทรัพย์

คำแปลภาษาไทย

When property has been seized or a claim of the judgment debtor has been attached in order to satisfy the debt owed to one judgment creditor, no other judgment creditor is permitted to have that property seized or that claim attached again; but such other creditor has the right to file an application with the court that issued the writ of execution, seeking an order that he share in the property or in the money obtained from the sale or disposal of the property from that seizure or attachment, in proportion to the amount of the judgment debt.
The court shall not grant such an application unless it is of the opinion that the applicant cannot obtain satisfaction from other property of the judgment debtor.
If an official having authority under the law on taxation or other law to order, of his own accord, the seizure of property or the attachment of a claim of the judgment debtor in order to enforce payment of arrears under such law, has already seized the property or attached the claim under paragraph one beforehand, that official has the right to apply to share without being subject to the provision of paragraph two; but if such official did not seize or attach beforehand, he has the right to apply to share in the same manner as other judgment creditors.
In the case of the seizure of property to be auctioned or disposed of by other means, such an application shall be filed before the lapse of fifteen days from the date of the auction or disposal of the property that was auctioned or disposed of on each such occasion.
In the case of the attachment of a claim, the application shall be filed before the lapse of fifteen days from the date of payment or the date of the auction or disposal by other means of the claim so attached.
In the case of the seizure of money, such an application shall be filed before the lapse of fifteen days from the date of the seizure.
When a copy of such application has been served on the execution officer, the execution officer shall stay the payment of the money or property under the enforcement, from the sale, disposal, or payment of what was attached on the occasion in respect of which the sharing is sought, as the case may be, until the court has given its ruling. When the court has made any order and it has been sent to the execution officer, the execution officer shall proceed in accordance with such order.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก