Section 358 — Third person performs the act
Statutory text (Thai original)
การบังคับคดีในกรณีที่คำพิพากษาหรือคำสั่งของศาลกำหนดให้ลูกหนี้ตามคำพิพากษากระทำการอย่างหนึ่งอย่างใดซึ่งไม่ใช่กรณีตามมาตรา ๓๕๗ นอกจากเจ้าหนี้ตามคำพิพากษาอาจมีคำขอตามมาตรา ๓๖๑ แล้ว ถ้าการกระทำนั้นเป็นกรณีที่อาจให้บุคคลภายนอกกระทำการแทนได้ เจ้าหนี้ตามคำพิพากษาอาจมีคำขอฝ่ายเดียวให้ศาลมีคำสั่งอนุญาตให้บุคคลภายนอกกระทำการนั้นแทนลูกหนี้ตามคำพิพากษา โดยลูกหนี้ตามคำพิพากษาเป็นผู้เสียค่าใช้จ่าย
ค่าใช้จ่ายที่เสียไปในกรณีขอให้บุคคลภายนอกกระทำการแทนตามวรรคหนึ่ง ให้ถือว่าเป็นหนี้ตามคำพิพากษาที่จะบังคับคดีกันต่อไป
English translation
Where a judgment or order of the court directs the judgment debtor to do an act that is not a case under Section 357, apart from the judgment creditor being able to make an application under Section 361, if the act is one that a third person may do in the judgment debtor's place, the judgment creditor may make an ex parte application for the court to order that a third person be permitted to do the act in place of the judgment debtor, at the judgment debtor's expense.
The expenses incurred where a third person is requested to do the act in place under paragraph one shall be deemed a judgment debt to be further enforced.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This section, within Part 1 of Chapter 5 on judgments to perform an act, provides the substitute-performance remedy for acts that do not require the debtor personally and are not juristic acts under Section 357. Because the result can be achieved by anyone, the creditor may apply ex parte for the court to authorise a third person to carry out the act, shifting the cost onto the debtor. Paragraph two makes those costs a judgment debt enforceable in further execution, echoing the cost-recovery mechanics in Sections 352 and 355. It complements Section 361 on the court fixing a fine or ordering compliance, giving the creditor a practical alternative when the work itself can simply be done by another.
Why this matters in practice
If the other side must do something practical that anyone competent could do, such as restoring a boundary marker or completing physical work, you do not have to wait indefinitely for them. Apply under Section 358, and the court can let a third party do it at the debtor's cost, with that cost recoverable as a judgment debt. Keep the invoices, because you enforce them like any judgment. Note the debtor's expense liability arises from the ex parte order, so line up your contractor and estimate first. A debt collection lawyer in Thailand can handle both the motion and the later cost recovery.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 660/2565 (2022)
A judgment ordering the defendant to move boundary markers back to their original position is enforceable: if the defendant fails to act within the time set in the writ, the creditor may execute under Section 358, since the act is one that can be carried out in the debtor's place, so the request is capable of enforcement.
To move the boundary markers back to their original position, the land official would have to survey the land according to law and technical standards. The court held that if the defendant did not act within the time fixed in the writ, the plaintiff could enforce under Section 358 (read with the Act on Establishment of Kwaeng Courts), so the plaintiff's request that the defendant move the markers back was capable of enforcement.
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Supreme Court Judgment No. 3459/2564 (2021)
Expenses a judgment creditor advances to have an act performed in the debtor's place are, under Section 358 paragraph two (read with Sections 352 paragraph five and 359 paragraph four), deemed a judgment debt to be further enforced; but no writ to seize the debtor's property to recover them lies until the creditor has actually paid those expenses.
The plaintiffs, not yet judgment creditors for the cost of registering the cancellation of a transfer, would have to pay that registration cost themselves first; the amount paid would then be a judgment debt enforceable under Section 358 paragraph two with Sections 352 paragraph five and 359 paragraph four. Since they had not yet paid, there was no ground to issue a writ to seize the defendant's property to recover it.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can someone else do the act the losing party refuses to perform?
Yes, if the act is one a third person can do. Under Section 358, the creditor may apply ex parte for the court to permit a third person to perform it in place of the debtor, at the debtor's expense.
Who pays for the third person's work, and how do I recover it?
The judgment debtor pays. Under Section 358 paragraph two, the expense is deemed a judgment debt, so you recover it through further execution like any judgment amount.