Thailand - Attachment of Assets
Suteeratt Chanthacharoenchoke, Anek & Associates
Originally from Attachment of Assets
Attachment of Assets
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?
Attachment of assets under the Thai law falls under what we call as provisional measures before judgment,” and are stipulated to be ex parte- one sided- applications. ‘Plaintiff’ in this case means the party alleging a claim against the other party, which also means that a Defendant who is counter-claiming is also entitled to such measures. According to the Thailand Civil Procedure Code, provisional measures before judgment For the protection of the Plaintiff that are considered to be attachment of assets are:
(a) seizure (transferring the property into the care of the Execution Officer) or attachment (prohibiting a third party to transfer or pay debt to the Defendant), before judgment, of the whole or part of the property in dispute or any other property belonging to the Defendant;
(b) a temporary injunction restraining the Defendant from transferring, selling, removing or disposing the property in dispute or any other property belonging to the Defendant;
(c) an order stopping or preventing the wasting or damaging of the property in dispute or any other property belonging to the Defendant
(d) an order directing the Registrar, the competent official or any other person having legal power and duty to extinguish the registration, modification, or cancellation of registration appertaining to the property in dispute or any other property belonging to the Defendant.