The seizure of assets refers to the process where an enforcement officer takes action against the debtor’s assets based on a court judgment, sells them at a public auction, and uses the proceeds to pay off the creditor.
Garnishment refers to an order prohibiting the debtor or any related party from selling, transferring, or conducting any legal actions involving the seized assets or claims.
Debt must go through litigation and judgment
The creditor must file a lawsuit with the court, and the court must issue a judgment requiring the debtor to repay the debt.
If the debtor fails to comply with the judgment, the creditor can request the Legal Execution Department to seize the debtor’s assets.
Minimum debt amount for asset seizure
There is no fixed minimum amount for asset seizure. However, generally, if the debt is substantial (in the hundreds of thousands or more) and remains unpaid, the court may order asset seizure.
For smaller debts, such as a few thousand or tens of thousands of baht, it is often not worth pursuing legal action to the point of asset seizure.
These assets can be seized following a court judgment and an execution order, and the proceeds will be used to repay the creditor.
1. Salary of private sector employees exceeding 20,000 Baht:
2. Bonus Up to 50% of the bonus can be garnished.
3. Commission Up to 30% of the commission can be garnished.
4. Assets that can be garnished include:
1. lary of government officials, officers, and employees of government agencies The salary of government employees is generally exempt from garnishment.
2. Welfare and assistance payments
3. Monthly salary, wages, or welfare payments totaling no more than 20,000 Baht If the total income is 20,000 Baht or less, it is generally exempt from garnishment, ensuring that the debtor can meet their basic living needs.
Yes, the debtor can request a reduction in the garnished amount under certain circumstances. This can be done by filing a petition with the court or enforcement officer. The court or officer may consider factors such as the debtor’s income, living expenses, and the number of dependents before deciding whether to reduce the garnishment amount.
The debtor would need to provide evidence that the current garnishment amount is excessive and that a reduction is necessary for their basic living needs. If the court or enforcement officer is convinced, they may adjust the garnishment percentage or the amount garnished.
No, if the salary is below 20,000 Baht, it cannot be garnished under normal circumstances. The law typically protects salaries below 20,000 Baht to ensure that the debtor can cover basic living expenses.
However, in some cases, if the debtor has other sources of income or assets that can be garnished, those may still be subject to garnishment. Additionally, if the debtor’s total income or assets are deemed to be sufficient for garnishment, the court may still proceed with other legal actions.
However, this does not mean that the debt is dismissed. It only means that the creditor must find other methods to pursue debt collection.
With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.
With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.