No need to wait for a judgment, you can request the court to inhibit the damage before the judgment.

September 1, 2022

It will take many months for a civil lawsuit from the start of the lawsuit until the court has a judgment to enforce the case. Nevertheless, in some cases, after filing a lawsuit, the law allows the plaintiff (a case with computable monetary value claims exceeds 300,000 baht or a case with non-monetary claims) to submit a request to indicate provisional measures in order to prevent damage or have measures to control the defendant to stop damage. The plaintiff can enforce the case later. For example, in the event that you have the right to use the way in the village to the public road. But someone built a building blocking our way and the car can not leave. As a result, after filing a lawsuit, if you wait for the court to have a judgment, the plaintiff will be greatly damaged because the plaintiff cannot deliver goods to customers. You can apply to indicate provisional measures in order to order the defendant to remove the building and open the way for you. Do not need to wait for the judgment. After the court’s judgment, if you win the case, you’ll also get damages.  

 

In the case of litigation demanding the transfer of land. If there is reason to believe that the defendant will transfer the land to someone else to avoid the plaintiff to enforce the case. As a result, the plaintiff can file a request to the court for forbidding the land officer to not to accept the registration of the transfer of such land, wait until the court has a judgment. 

 

In the case that the defendant attempts to transfer all his own assets to others. The plaintiff can request the court to order the executing officer to seize the defendant’s assets in order not to allow the defendant to transfer to anyone. They have to wait for judgment. In this case, the plaintiff can also file a criminal case against debtors if the defendant transfers the property to someone else to escape the plaintiff to enforce. 

 

In serious cases, for example, the defendant will destroy the documentary evidence. You can request the court to order the defendant to be temporarily arrested to suppress the defendant’s behavior.

Kitthi Naganidhi

Pichamon B.

"Do anything that makes you happy!"

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