Civil Procedure Code
The execution provisions govern writs of execution, seizure, garnishment and auction by the execution officer.
Practice area
Judgment Enforcement & Asset Tracing
Turning a judgment into actual recovery through lawful tracing, seizure and attachment.
Winning a case does not mean being paid. A judgment creditor must enforce within the periods set by the Civil Procedure Code. We handle the full chain: obtaining the writ of execution, opening the file with the Legal Execution Department, tracing the debtor’s assets through lawful channels, seizure or attachment, public auction and distribution of proceeds, as well as objections when a third party disputes ownership of a seized asset.
What this practice covers
- Obtaining the writ of execution and opening the enforcement file
- Tracing land, condominium units, vehicles and shareholdings
- Attachment of salary, deposits and receivables
- Seizure of property and conduct of public auction
- Third-party claims, pro-rata distribution requests and auction objections
- Actions to revoke fraudulent transfers made to defeat enforcement
- Bankruptcy and business-rehabilitation filings against the debtor
- Settlement negotiation and enforceable instalment agreements
How we work on your matter
- 1Reviewing the judgment, the enforcement period and the outstanding balance
- 2Planning asset tracing from verifiable public registries
- 3Filing seizure or attachment requests with ownership evidence
- 4Following valuation and the scheduling of the auction
- 5Attending the auction and handling counterparty objections
- 6Collecting the distribution and reporting the result to the client
Documents to prepare
- Judgment or court order with certification that it is final
- Writ of execution and proof of notification to the debtor
- Debtor’s ID and household registration, or corporate certificate
- Known asset details such as title deeds, vehicle registration or account numbers
- Evidence of any partial payments already received
- Power of attorney authorising enforcement steps
Points to watch
- Enforcement rights are time-barred; letting the period lapse can end recovery entirely.
- Certain assets are protected by law and cannot be seized.
- Asset tracing must use lawful channels only.
- If the debtor holds no assets, enforcement may recover nothing; we cannot guarantee collection.
Typical timeframe
Opening the enforcement file is quick once documents are complete, but the time to auction and distribution depends on the asset type, the execution officer’s schedule and any objections — often several months to several years.
Timeframes are indicative only and depend on the authority, the court calendar and the completeness of your documents.
Why winning cases often recover nothing
Many creditors assume that a favourable judgment brings payment automatically. In reality a judgment is only the right to enforce. Without tracing and seizure inside the statutory window, that right simply expires and the debtor pays nothing. The usual failure is starting too late, giving the debtor time to move funds, transfer land to relatives or close bank accounts.
A better approach is to collect asset information during the trial, not after it ends. Contracts, receipts, the bank account used for past transfers, registered addresses and the debtor company’s filings all become immediately usable once the writ issues, shortening the overall timeline and materially improving the chance of payment.
Options when no assets are visible
If nothing is registered in the debtor’s name, several routes remain: a bankruptcy petition, which gives the official receiver broader investigative powers than an ordinary creditor; an action to revoke transfers made before or during the case; or a secured settlement with a guarantor or mortgage added.
We always compare cost against realistic recovery first. In some files full enforcement costs more than the amount likely to be recovered, and an honest recommendation at that point matters more than accepting every instruction.
Laws that govern this matter
Summarised for general understanding only. The application of each provision depends on the facts of your case.
Civil Procedure Code
The right to enforce a judgment is time-limited; delay can extinguish it.
Bankruptcy Act B.E. 2483 (1940)
Applies where the debtor is insolvent, and provides business rehabilitation for corporate debtors.
Civil and Commercial Code
Section 237 allows revocation of fraudulent transfers made to defeat creditors.
Example situations and how they are handled
These are constructed examples used to explain procedure. They are not client matters, and no outcome is implied or guaranteed.
Illustrative scenario: judgment won but no visible assets
Situation: The judgment is final but no land or vehicle is registered to the debtor.
Usual approach: Typical route: lawful asset tracing (salary, deposits, third-party receivables) and checking pre-suit transfers for a fraudulent-transfer challenge. (Hypothetical.)
Illustrative scenario: third party claims the seized asset
Situation: After seizure, a third party asserts ownership of the asset.
Usual approach: Prepare clear title and chain-of-ownership evidence; third-party objections have their own deadlines and can delay the auction.
Advice for your specific situation
Judgment creditors
- Start tracing as soon as the judgment is final — delay gives time for assets to move.
- Some assets and portions of income are protected by law — assess the realistically recoverable amount before spending.
Judgment debtors
- A formal instalment agreement usually beats auction, where prices are typically below market.
- Do not transfer assets to relatives to avoid execution — transfers can be revoked and criminal risk arises.
Every matter — what to do in the first 7 days
- Gather every original document in one place, keep scanned copies, and note the date you received each one.
- Write a dated timeline — the date you received a notice or learned of the event usually starts the limitation or appeal clock.
- Do not sign a settlement, debt acknowledgement or withdrawal before a lawyer reviews it — it may extinguish existing rights.
- Preserve digital evidence unaltered (full screenshots, original files, emails with headers) — edited files are easy to challenge.
This service in your province
Province pages set out the courts and authorities with jurisdiction locally, and answer the questions people in that area ask.
Judgment Enforcement & Asset Tracing — BangkokJudgment Enforcement & Asset Tracing — Chiang MaiJudgment Enforcement & Asset Tracing — PhuketJudgment Enforcement & Asset Tracing — ChonburiJudgment Enforcement & Asset Tracing — Khon KaenJudgment Enforcement & Asset Tracing — Udon ThaniJudgment Enforcement & Asset Tracing — Nakhon RatchasimaJudgment Enforcement & Asset Tracing — SongkhlaJudgment Enforcement & Asset Tracing — Surat ThaniJudgment Enforcement & Asset Tracing — Chiang RaiJudgment Enforcement & Asset Tracing — RayongJudgment Enforcement & Asset Tracing — Nonthaburi
Frequently asked questions
What happens after winning the case?
You must obtain a writ of execution and open a file with the Legal Execution Department, then trace and seize the debtor’s assets. The court does not collect money for you automatically.
What if the debtor transferred assets to someone else?
A transfer made to prejudice creditors can be challenged, but intent must be proved and the action brought within the statutory period.
How much salary can be attached?
The law protects a portion of income, so salary cannot be attached in full. We calculate the attachable portion from the debtor’s actual income.
Can a debtor abroad be pursued?
It depends on whether assets exist in Thailand and how that country treats foreign judgments. We assess feasibility before starting.
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Speak with an attorney about your matter
Tell us the facts and we will explain the options, the documents required and the realistic timeframe before you decide.