Section 293 — Withdrawal for creditor's neglect
Statutory text (Thai original)
ถ้าเจ้าหนี้ตามคำพิพากษาเพิกเฉยไม่ดำเนินการบังคับคดีภายในระยะเวลาที่เจ้าพนักงานบังคับคดีกำหนด ให้เจ้าพนักงานบังคับคดีรายงานต่อศาลขอให้ศาลสั่งถอนการบังคับคดีนั้นเสีย
English translation
If the judgment creditor neglects to proceed with the execution within the period set by the executing officer, the executing officer shall report to the court and request the court to order the withdrawal of that execution.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 293 gives the executing officer a mechanism to clear a stalled execution: where the creditor fails to act within the officer's deadline, the officer reports to the court so it can order withdrawal. It connects directly to Section 292 (4), which lists a court withdrawal under Section 293 as a ground on which the officer must withdraw the execution. This provision reflects the 2017 renumbering; older decisions numbered 293 concerned a debtor's stay of execution pending a set-off action, a subject now carried by Section 290, so care is needed when reading earlier case citations.
Why this matters in practice
The practical lesson for creditors is simple: do not let an execution go dormant. Once the officer sets a deadline for your next step, missing it can lead to the officer asking the court to withdraw the execution, forcing you to start the enforcement effort over. Staying on top of officer deadlines is part of why creditors use counsel; a debt collection lawyer in Thailand keeps the file moving so it is not withdrawn for inactivity.
Frequently asked questions
What happens if a creditor does nothing after starting an execution?
Under Section 293, if the creditor neglects to proceed within the deadline the executing officer sets, the officer reports to the court and asks it to order the execution withdrawn.
Is a withdrawal under Section 293 the same as the creditor giving up the debt?
Not necessarily. A Section 293 withdrawal ends this particular execution for inactivity; it is separate from a voluntary waiver of the right to enforce, which is dealt with under Section 292 (6).