ภาษาไทย
By Pattarapongpun Singkhamharn | Attorney-at-Law (Thailand)
Corporate & Commercial Practice
In recent years, an increasing number of debt defaults have resulted in creditors and financial institutions initiating legal proceedings and enforcing judgments against debtors’ immovable property. Such properties are subsequently sold through public auction by the Legal Execution Department.
However, many purchasers of auctioned properties encounter significant difficulties when they are unable to take possession of the property due to existing occupants, causing inconvenience and potential financial loss.
Under Thai law, this issue can be categorized into two main scenarios as follows:
Scenario 1: Occupants Are Judgment Debtors or Their Dependents
Section 309 Ter of the Civil Procedure Code provides that once an immovable property has been legally transferred to the auction purchaser, if the judgment debtor or their dependents continue to occupy the property and refuse to vacate, the purchaser may submit an ex parte application to the court requesting an eviction order.
The court may then order the occupants to vacate the property within a reasonable period, not less than 30 days, as determined by the court.
In this case, the purchaser is not required to file a new eviction lawsuit, thereby saving time and legal expenses.
Please note that this right arises only after ownership has been officially transferred. A successful bidder who has not yet received title transfer cannot rely on this provision.
Scenario 2: Occupants Are Not Judgment Debtors or Their Dependents
If the occupants are third parties, such as:
- Tenants claiming rights under a lease agreement
- Persons asserting adverse possession
- Trespassers
- Any other individuals not subject to the judgment
The purchaser cannot rely on Section 309 Ter. In such cases, the purchaser must initiate a separate eviction lawsuit to lawfully remove the occupants through the court process.
Conclusion
When purchasing immovable property at a public auction in Thailand, buyers should carefully assess the legal status of any occupants:
- If the occupants are judgment debtors or their dependents, court enforcement may be requested directly.
- If the occupants are third parties, a new eviction action is required.
Proper legal assessment at the outset can significantly reduce risks, delays, and unnecessary expenses.
About the Author
Pattarapongpun Singkhamharn is a Corporate & Commercial Lawyer in Thailand specializing in business disputes, director liability, and corporate advisory services.
Tel. | WhatsApp: +66 99 249 5989
LINE Official: @patt
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