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Thai Law Insights

Legal Protections Against Cunning Evasions and Delays of Judgment Enforcement-Selected Issue for Consideration

Witida Manitkul

Many cases in Thai Civil Court result in damages awarded to the prevailing party in the form of property, cash, or assets. However, the losing party, or "judgment debtor," often refuses to comply with the Court's judgment, resorting to the use of devious means to avoid or delay its enforcement. Judgment debtors will frequently file frivolous appeals of the judgment or attempt to conceal assets owed to the prevailing party, or "judgment creditors," to prevent lawful seizure.

However, Thai law provides protection to judgment creditors from such bad faith and dishonesty, as well as the resulting delays and damages. Section 296 of the Thai Civil Procedure Code details the procedure by which a judgment creditor can thwart the judgment debtor's attempt to evade or delay a judgment's enforcement by filing a frivolous appeal.

First, the judgment creditor may file a petition to the Court requiring the judgment debtor to place a deposit or bond as security against further injury which may be incurred. Next, if the Court finds that the appeal was filed without reasonable grounds and was filed for the purpose of causing delay, the judgment debtor will be ordered to pay additional damages resulting from the delay.

Consequently, judgment creditors' anxieties should be allayed. With competent legal representation, judgment creditors can rest assured that they will receive what is rightfully and lawfully theirs according to the judgment, without worrying about judgment debtors using their cunning to avoid or put off seizure of assets.