The Problems of Seeking the Debtor’s Assets: Study in the Judgment for Money Payment

Abstract

In case of the creditors enforce their debtor, the creditors are required to declare the debtor’ s asset to the Enforcement Officer. There are, however, several limitations to access the information of debtor’ s assets. It leads to the issue of this research; “The Problems of Seeking the Debtor’s Assets” with the quantitative research methods to survey data from a sample group of lawyers with relying on a non-probability sampling. From the studies, there are 3 main cases; (1) problems of the authority and the
right of the creditor to access the information of debtor’s assets by government agency and private party, (2) problems of the duration of the court hearing process when requesting the court to investigate the debtor’s property, and (3) problems of the cause
of request and duration of the petition when requesting the Enforcement Officer to investigate a debtor’s place.

In addition, the sample group of lawyers agree to another way to solve such problems of accessing the information of the debtor. The debtor should declare his/her property to the Enforcement Officer by oneself instead of creditor. The Enforcement Officer has to be given the authority to access information of the debtor to ensure the results of this practical effect whether the debtor declare true information or not.