352 — การส่งมอบและทรัพย์สินที่ทิ้งไว้

คำแปลภาษาไทย

In the case under Section 351:
(1) the executing officer shall have power to put the judgment creditor into immediate possession of all or part of the property. If there is an obstruction impeding the handover, the executing officer shall have power to remove such obstruction as necessary.
If there are still belongings of the judgment debtor or of any person in the property, the executing officer shall make an inventory of them and shall have power to proceed as follows:
(1) if the belongings are perishable, or of a nature that may cause danger, or if delay would risk loss or expense exceeding the value of the belongings, the executing officer shall have power to dispose of them immediately by auction or another appropriate method, and to keep the net proceeds after deducting expenses in place of the belongings, or to destroy them, or to take any other action as deemed appropriate, having regard to the nature of the belongings, the interests of the interested persons, and the public interest;
(2) if the belongings are not those specified in (1), the executing officer shall have power to store them, or entrust them to the judgment creditor for safekeeping, or deposit them at any place or with any person as deemed appropriate, and then notify or announce to the judgment debtor or owner of the belongings to collect them within the time set by the executing officer. If the judgment debtor or owner does not collect or refuses to take back the belongings within the time set, the executing officer shall proceed under (1) mutatis mutandis.
Money the executing officer obtains from disposing of belongings under paragraph two (1) or (2), if the judgment debtor or owner does not apply to collect it within five years from being notified by the executing officer, shall become the property of the State.
Where the belongings under paragraph two are seized, attached, or prohibited from transfer, removal or disposal under a provisional measure before judgment or for execution in another case, the executing officer shall have power to move them to another place as deemed appropriate, and shall notify the court or the executing officer in the other case.
The judgment debtor shall bear the expenses arising from action under this Section, which shall be deemed a judgment debt to be further enforced.

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