Section VII. Execution Costs and Inspection of Execution Record
371. (Meaning of execution costs and procedural costs)
The following terms shall have the meanings respectively set forth beside each term:
(a) “execution costs”: party costs prescribed in Article 372 (Motion filing fees),
Article 373 (Costs other than commission) and Article 374 (Party costs);and
(b) “procedural costs”: among costs prescribed in Item (a), those that are of
common benefit.
372. (Motion filing fees)
1. Upon filing a motion for execution at the execution court, the creditor in execution
shall pay the amount of 10,000 riels to the court.
2. Upon filing a motion for execution with the bailiff, the fees provided separately
shall be paid.
373. (Costs other than commission)
The creditor in execution shall pay as costs such amounts that are determined by the
court to be necessary for procedural actions in the course of execution such as service of
documents.
374. (Party costs)
Costs that the court finds to be necessary for implementation of execution apart from
those prescribed in Article 372 (Motion filing fees) and Article 373 (Costs other than
commission) shall be referred to as “party costs”.
375. (Payment in advance)
1. The applicant shall pay in advance the amount set by the court upon filing of a
motion for execution as the necessary expenses of execution procedures. This shall
apply in a case where the prior payment was not enough and the court in execution
ordered the additional payment to fill the deficiency.
2. If the applicant does not pay such costs in advance, the court can dismiss the
motion for execution or reverse the execution procedures.
3. A Chomtoah appeal may be filed against a ruling to dismiss a motion under
Paragraph 2.
376. (Allocation of Execution costs)
1. Execution costs shall be borne by the debtor in execution.
2. In the case of execution of a claim the object of which is payment of money,
execution costs can be collected simultaneously with the execution proceedings,
without the need for a title of execution.
377. (Deposit of security)
Security ordered to be posted by a court or execution court shall be deposited by a party
with such court in the form of cash or negotiable instruments approved by the court.
378. (Inspection of record of execution case, etc.)
1. An interested party can request the execution court responsible for execution to
allow such party to inspect the case record or to be issued with a copy,
authenticated copy, certified copy or extract thereof, or with a certificate relating
to the particulars of the case.
2. An interested party can request the bailiff responsible for execution to allow such
party to inspect the case record or to be issued with a copy, authenticated copy,
certified copy or extract thereof, or with a certificate relating to the particulars of
the case.
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