มาตรา 347 — ยึดและขอรับทรัพย์เฉพาะสิ่ง

คำแปลภาษาไทย

Where a judgment or order of the court directs the judgment debtor to return specific property to the judgment creditor, or to deliver specific property in satisfaction of a claim to the judgment creditor, the executing officer shall have power to seize that property in order to carry out the judgment or order.
If the specific property of the judgment debtor that must be delivered to the judgment creditor in satisfaction of a claim has already been seized or attached to satisfy a money debt in another case, the judgment creditor is entitled, before the property is sold by auction or disposed of by another method, to file a motion with the court that issued the writ of execution, requesting an order that the executing officer deliver the property to him, provided he satisfies the court that the judgment creditor who applied for the seizure or attachment in the other case can obtain sufficient satisfaction from other property of the judgment debtor. In such case the court shall notify the executing officer and may order a stay of execution during the inquiry. In this event, the judgment creditor shall reimburse the judgment creditor who applied for the seizure or attachment in the other case for the expenses incurred, and the judgment creditor in the other case shall be exempt from paying the executing officer's fee.
If the judgment creditor cannot satisfy the court under paragraph two, the court shall order that the judgment creditor has the right to a rateable share in the money obtained from the sale or disposal of the judgment debtor's property in that other case. In such case Sections 326 and 329 shall apply.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก