327 — การเข้าดำเนินการบังคับคดีต่อไป

คำแปลภาษาไทย

In the case where the execution is withdrawn, the execution officer shall, without delay, send a notice of the withdrawal of execution to the applicant who was granted leave by the court under Section 324 or to the creditor granted leave to share under Section 326. Such a person may apply to continue the execution in place of the creditor who applied for the seizure of the property or the attachment of the claim, by filing an application with the execution officer within fifteen days from the date the notice was sent to such person. If a person files an application within that period, that person shall be the one to continue the execution. If no person files an application within that period, the execution officer shall withdraw the seizure of the property or the attachment of the claim.
In the case where there are several applicants, the execution officer shall issue a summons requiring all the applicants to come to an agreement and choose one of them to continue the execution, but notice must be given not less than three days in advance. If no agreement can be reached, the applicant who appears in response to the summons and has the largest amount of debt shall continue the execution. If several such applicants have the largest amount of debt in equal measure, the applicant with the oldest debt shall continue the execution. If any applicant does not appear in response to the summons, that applicant shall be deemed to have waived the right to continue the execution.
In the case where the execution is continued, the person applying to continue the execution shall be deemed to be the creditor who applied for the seizure of the property or the attachment of the claim, and the court that issued the writ of execution in the case in which the execution was withdrawn shall be the court having authority over the execution. If the creditor continuing the execution wishes to enforce against only a part of the property originally subject to execution, being a part sufficient to satisfy the debts of all the creditors under paragraph one together with the court costs and the costs of execution, that creditor shall file an application for leave with the execution officer within seven days from the date of continuing the execution. In such a case, the execution officer shall make an order granting or refusing the application, or any order the execution officer thinks fit, having regard to the interests of all the creditors under paragraph one. The creditor continuing the execution may file an objection to the order of the execution officer with the court within fifteen days from the date of becoming aware of the order of the execution officer.
As for the creditor who applied for the seizure of the property or the attachment of the claim in respect of which the execution was withdrawn:
(1) If the execution was withdrawn because that creditor waived the right to execute under Section 292(6), that creditor has no right to receive a share in the property or in the money obtained from the sale or disposal of the property in the execution.
(2) If the execution was withdrawn under Section 292(4) but a judgment debt still remains, that creditor may file an application with the court seeking an order that he be paid from the money remaining after payment has been made to the creditors who applied to share, on the same footing as an applicant under Section 329(1).
(3) If the execution was withdrawn because the writ of execution has been revoked, or in cases other than (1) and (2), but a judgment debt still remains, that creditor may file an application with the court seeking an order that he be entitled to a share in the property or in the money obtained from the sale or disposal of the property in this execution, before the payment of money under Section 339 or before the sending of the notice under Section 340(3), as the case may be.

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