Creditor’s Claim for Proceeds from Auction of Dissolved Assets
1d Mr. Samai has domicile in Bangkok, owns a house and land valued at one million baht as sole property. Mr. Samai borrowed two million baht from Samai and Somor in Chumphon province and failed to repay the debt. Mr. Samai filed a lawsuit against Mr. Samai at the Chumphon Provincial Court, the District Court, resulting in a judgment ordering Mr. Samai to repay the borrowed amount together with interest. Mr. Samai obtained an execution order and, through a judicial officer, seized and auctioned the property, realizing one million baht on February 1, 2546. Subsequently, on February 10, 2546, the Chumphon Provincial Court ruled that Mr. Samai must pay the debt to Somor as ordered. Somor exercised the right to claim a share of the proceeds from the auction according to the judgment of the District Court in the case where Mr. Samai sued Mr. Samai, if any of the following events occurred:
From February 2d, 2546, to February 2d, 2546, Somor was unable to travel in Chumphon province, or Somor and his lawyer returned from hearing the judgment at the Chumphon Provincial Court, resulting in an accident.
A vehicle fell into a ditch, and Somor and his lawyer lost consciousness, regaining consciousness on February 16, 2546.
In both of these cases, Somor would still be able to file a claim for a share of the proceeds from the auction, according to the judgment of the District Court. The method of response is as follows:
Somor is a creditor according to the judgment. Since Mr. Samai, the debtor, has no assets to seize for debt repayment, Somor has the right under the Civil Procedure Code, Section 290, to the proceeds from the sale of Mr. Samai’s house and land as ordered by the court. These proceeds must be presented to a petition to the District Court, which is the court that issued the execution order, within thirty days of the date of the auction.
In the event of a flood, this constitutes an extraordinary event preventing Somor from traveling to Bangkok to file a petition to the District Court within the stipulated time. Therefore, Somor filed a petition with the Chumphon Provincial Court, as Somor has domicile within the jurisdiction of that court, to claim a share of the proceeds from the auction according to the judgment of the District Court, in accordance with the Civil Procedure Code, Section 10, but must do so within fifteen days (3 points).
Regarding the case of the vehicle falling into a ditch, even though Somor and his lawyer had just regained consciousness, the time to file a claim had passed. The parties have the right to request the court to extend the time, if special circumstances exist. They must file a petition before the court. However, if there is an extraordinary event, as defined in the Civil and Commercial Code, Section 23, then Somor can invoke this provision. The accident involving Somor is considered both a special circumstance and an extraordinary event, allowing Somor to invoke the relevant provisions of the law. When the court grants a permission, Somor can file a petition for a share of the property within the extended period authorized by the court (5 points).
Examination questions and answer key for selection for appointment as a Prosecutor (Inpatient) in 2546, Law and Civil and Commercial Law.