Attachment
Execution against a claim the debtor holds against someone else — wages from an employer, a balance at a bank, invoices owed by customers — so that the third party pays the execution officer instead of the debtor.
IN PRACTICE
What it means in practice
Not all income can be reached. Pay and allowances in the categories of public service the statute names are outside execution; not everyone paid by a state body falls in those categories, so the debtor's status has to be checked first. Pay in private employment is protected up to an amount fixed by statute; how much of the excess is then attached is fixed by the execution officer, and both the protected amount and the basis on which the attachable part is calculated have to be checked against the provision in force and current practice in each case; a lump sum such as severance has its own protection. A party who disagrees with the amount the execution officer fixes may go to the court, but the period allowed is short and the number of days must be read from the provision in force; the party may apply again if the debtor's circumstances of living change. Attachment reaches money owed to the debtor, so it remains available where the debtor holds no land.
THE TERM
The same term elsewhere
- ไทย
- การอายัด
- 简体中文
- 冻结
- Governing law
- Civil Procedure Code, on execution — attachment of claims, and property and income exempt from execution
ENQUIRIES
