Chapter Two Execution of Claims Having the Object of Monetary Payment
Section I. Attachable Property
379. (Principles)
Except where otherwise provided in this or another law, attachment can be carried out
against all tangible and intangible property belonging to the debtor in execution.
380. (Property exempt from attachment)
The following property cannot be attached:
(a) clothing, bedding, furniture, kitchen appliances and house fittings that are
indispensable for the daily living of the debtor in execution and his/her
family living under the same roof;12
(b) foodstuffs and fuel sufficient for two months for the debtor in execution and
his/her family living under the same roof;
(c) money or articles received by the debtor in execution from the central or
local government pursuant to any livelihood, educational, medical or other
welfare program;
(d) apart from the money prescribed in Item (c), money up to 1,000,000 riels;
(e) tools, fertilizer, domestic livestock and their feed that are necessary for the
work of persons engaged predominantly in agriculture by their own labor,
together with seeds and other agricultural products required in order to
continue such work until the next harvest;
(f) nets and other fishing equipment, feed, young fish and other fishery products
that are necessary for the work of catching or raising fish by persons
engaged in fisheries predominantly by their own labor;
(g) tools and other objects that are necessary for the work of technicians,
artisans laborers and other persons engaged in an occupation or business
predominantly using their own intellectual or physical work; provided that
objects that are held with the object of sale or lease can be attached;
(h) Buddha images, sacred books and other objects directly used in worship or
religious ceremonies;
(i) genealogical records, diaries, trade books and similar objects required by the
debtor in execution;
(j) objects commemorating awards or other honors received by the debtor in
execution or a family member;
(k) books and other equipment necessary for study at a school or other
educational institution by the debtor in execution or a family member
residing under the same roof;
(l) an invention or work that has not yet been laid open;
(m) an artificial hand, leg, ear, eye or other prosthetic body part, or other thing
necessary for nursing any sickness of the debtor in execution or a family
member residing under the same roof; and
(n) fire fighting equipment, apparatus, escape apparatus and other equipment
required to be installed by law for prevention of disaster and security of
12 Literally “the debtor and any cohabiting relative having a common livelihood with the debtor”
buildings and other structures.
381. (Change of scope of exempt movables)
1. Upon motion, the court of first instance to which the bailiff belongs can cancel the
whole or part of any attachment carried out by a bailiff, or permit the attachment
of any movables listed in Article 380 (Property exempt from attachment), taking
into account the living conditions of the debtor in execution and the creditor in
execution and other circumstances.
2. If there has been a change of circumstances, the court of first instance to which the
bailiff belongs can permit attachment of movables of which attachment has been
cancelled under Paragraph 1, or order the cancellation of the whole or part of any
attachment under said Paragraph.
3. Where a motion is filed seeking cancellation of attachment under Paragraphs 1 or
2, the court of first instance to which the bailiff belongs can order a stay of
execution until such time as said ruling comes into force, with or without requiring
the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions under
Paragraphs 1 or 2, or rulings permitting attachment under said provisions.
382. (Rights exempt from attachment (garnishment))
1. Salaries, wages and other rights in the nature of compensation for work shall only
be attachable to the extent set forth below, in respect of the balance remaining
after deduction of taxation and social insurance premiums from the amount
receivable by the debtor in execution on the date of payment of such
compensation:
(a) none of the amount up to the amount of 200,000 riels per month;
(b) one quarter of the amount exceeding 200,000 riels up to the amount of
600,000 riels per month;
(c) one third of the amount exceeding 600,000 riels up to the amount of
2,000,000 riels per month;
(d) one half of the amount exceeding 2,000,000 riels up to the amount of
4,000,000 riels per month;
(e) two thirds of the amount exceeding 4,000,000 riels up to the amount of
6,000,000 riels per month; and
(f) the whole of the amount exceeding 6,000,000 riels per month.
2. Rights to receive livelihood support, educational support, medical support or other
support having the objective of protecting the livelihood of the debtor in execution
cannot be attached.
383. (Change of scope of garnishment)
1. Upon motion, the execution court can cancel the whole or part of any attachment
ruling, or make a ruling for attachment of any rights prohibited from being
attached under Article 382 (Rights exempt from attachment (garnishment)), taking
into account the living conditions of the debtor in execution and the creditor in
execution and other circumstances.
2. If there has been a change of circumstances, the execution court, upon motion, can
attach rights of which attachment has been cancelled under Paragraph 1, or cancel
the whole or part of any attachment ruling under said Paragraph.
3. Where a motion is filed under Paragraphs 1 or 2, the execution court can order
prohibition of payment or other performance by a third party debtor prescribed in
Article 402 (Meaning of execution against claims and execution court) until such
time as the ruling comes into force, with or without requiring the posting of
security.
4. Chomtoah appeals can be filed against rulings dismissing motions seeking
cancellation of execution rulings under Paragraphs 1 or 2.
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