Section 317 — Attachment allowed despite dispute or condition
Statutory text (Thai original)
การอายัดตามมาตรา ๓๑๖ อาจกระทำได้ไม่ว่าหนี้ที่เรียกร้องนั้นจะมีข้อโต้แย้ง ข้อจำกัด เงื่อนไข หรือว่าได้กำหนดจำนวนไว้แน่นอนหรือไม่ก็ตาม
English translation
An attachment under Section 316 may be made regardless of whether the claim to be attached is subject to a dispute, a restriction, or a condition, or whether it has been fixed in a definite amount.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 317 broadens the reach of the attachment power in Section 316 by confirming that a claim need not be clean or liquidated to be attached. Whether the claim is contested, subject to a restriction or condition, or still uncertain in amount, it may be attached; those features go to what will ultimately be collected, not to whether the attachment can be made. It sits within Part 4 on the attachment of claims and works with Section 321, under which the court later determines whether the claim genuinely exists and is enforceable before ordering the third party to pay. The provision was renumbered by the Civil Procedure Code Amendment Act (No. 30) B.E. 2560 (2017).
Why this matters in practice
This section is useful when a creditor knows the debtor is owed money but the amount is still unsettled or the third party disputes the debt. You do not have to wait for the claim to crystallize: you can attach now and preserve it. The fight over whether and how much the third party must actually pay happens later, through the Section 321 procedure. Timing attachment early is often the difference between recovering and not, which is where a debt collection lawyer can help.
Frequently asked questions
Can a disputed debt be attached?
Yes. Section 317 allows attachment even where the claim is disputed, restricted, conditional, or not yet fixed in amount; the dispute is resolved later when the court decides whether the third party must pay.
Does the claim need a fixed amount before attachment?
No. Under Section 317 a claim can be attached even if its amount is not yet fixed; the exact sum to be collected is determined at a later stage.