Our Services
Asset Investigation and
Enforcement Proceedings Service
Our specialised Asset Investigation and Enforcement service transforms legal victories into tangible financial recovery, ensuring the full value of your judgment is realised.
The Challenge of Post-Judgment Recovery
A favourable court judgment represents a significant legal victory. However, its value is only realised upon the successful recovery of the awarded sum. It is a prevalent issue for businesses in Thailand—including SMEs, start-ups, and international corporations—to secure a judgment yet face obstacles in compelling the judgment debtor to comply with payment obligations.
This scenario, often termed a “paper victory,” presents considerable commercial challenges:
- Impediments to Cash Flow: Unrecovered debts can severely impact an enterprise’s liquidity, hindering operational capacity and strategic growth.
- Devaluation of Legal Investment: The resources allocated to successful litigation are rendered ineffective if the judgment remains unenforced.
- Perceived Inequity: A sense of injustice arises when debtors appear capable of evading their legal and financial responsibilities by concealing assets.
- Complex Procedural Hurdles: The enforcement phase constitutes a distinct and intricate legal process, often falling outside the primary scope of the original litigation counsel.
Effective resolution at this stage requires not further litigation, but the engagement of post-judgment enforcement specialists.
Our Solution: Asset Investigation & Enforcement Proceedings
JIRAWAT & ASSOCIATES provides a dedicated service designed to bridge the critical gap between judgment and financial recovery. As specialists in post-judgment proceedings, our objective is to systematically and lawfully enforce your court order, converting a favourable judgment into measurable assets for your enterprise.
We manage the entirety of the enforcement process, permitting you to focus on your core business activities.
We have refined the complexities of legal enforcement into a structured, transparent, and strategic workflow, managed with legal precision and authority.
Step 1: Comprehensive Asset Investigation Our team employs sophisticated, legally compliant methodologies to identify and locate the debtor’s assets. This includes real property, financial accounts, vehicles, corporate shareholdings, and other valuable property interests.
Step 2: Execution of Seizure and Garnishment Orders Under the direction of our legal experts and in collaboration with the Thai Legal Execution Department, we execute formal orders to seize tangible assets (ยึดทรัพย์) or garnish financial claims (อายัดทรัพย์), such as bank deposits and salaries.
Step 3: Management of Asset Liquidation We oversee the public auction (ขายทอดตลาด) process, administered by government officials, to ensure the debtor’s assets are liquidated at fair market value in an efficient manner.
Step 4: Financial Recovery and Disbursement Our firm manages the final stage of the process, ensuring that the proceeds from liquidation are accurately accounted for and disbursed to you in a timely manner, following the settlement of all statutory fees and costs.
Why JIRAWAT & ASSOCIATES for Judgment Enforcement?
Our Strategic 4-Step Enforcement Process
The successful enforcement of a court judgment demands a specialised skill set that extends beyond general legal practice. Our firm provides a distinct advantage.
- Specialised Expertise: Our practice is concentrated on the complexities of post-judgment proceedings. This is our core competency, not an ancillary service.
- Comprehensive, Integrated Service: We serve as your single, accountable point of contact throughout the entire process, from initial investigation to final disbursement, eliminating the need to coordinate multiple service providers.
- Legally Compliant Procedures: All actions are managed by qualified legal professionals in strict accordance with the Thai Civil Procedure Code, ensuring the integrity and admissibility of all evidence and procedures.
- Transparent Fee Structures: We are committed to clarity and predictability in our professional fees. Our hybrid pricing model, which combines fixed and success-based fees, aligns our objectives with your success.
International Judgment Enforcement: We possess a professional and systematic process for handling the complexities involved in the enforcement of foreign court judgments within the Kingdom of Thailand.
Specialised Counsel for Our Clients
For Thai SMEs & Start-ups We recognise that for emerging and established Thai enterprises, cash flow is paramount. An unenforced judgment is not merely an accounting issue but a direct threat to financial stability. We act with the requisite urgency to restore liquidity and secure the capital to which you are legally entitled.
For International Judgment Holders The enforcement of a foreign court judgment in Thailand presents unique jurisdictional challenges. Judgments from foreign courts are not directly enforceable and necessitate the initiation of new proceedings within a Thai court, wherein the foreign judgment serves as key evidence. Our legal team possesses the specific expertise required to manage this intricate process, effectively bridging the gap between an international legal victory and the recovery of assets located in Thailand.
Frequently Asked Questions (FAQ)
Enforcement proceedings must be initiated within ten (10) years from the date of the final judgment. Failure to act within this period results in the permanent extinguishment of your right to enforce the debt.
Our initial "Asset Viability Report" is designed to address this contingency. We conduct a thorough investigation to ascertain whether the debtor holds sufficient assets to render enforcement commercially viable, providing a clear recommendation to avoid unproductive expenditure.
The timeline varies based on case complexity and the nature of the assets involved, typically ranging from several months to over a year. A more precise timeline will be provided following our initial case evaluation.
- We utilise a transparent, hybrid fee structure. The process begins with a fixed fee for our Asset Viability Report. Should you elect to proceed, a further fixed fee is charged to initiate the enforcement case, supplemented by a success-based fee calculated as a percentage of the recovered amount.
Secure Your Entitlements: Initiate Your Case Evaluation
The ten-year statutory period for the enforcement of your judgment is finite. Allow our experts to conduct a professional assessment of your case and formulate a clear, actionable recovery strategy.
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A member of our specialist legal team will contact you within one business day.
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