"Borrowed like a relative, borrowed like a plaintiff."

"Borrowed like a relative, borrowed like a plaintiff."

by: aekdon

How should Thai society be careful?

1) Overview: Who is the debtor and what kind of behavior is common?

In Thai society, there are many forms of "doctor's head" debtors - borrowed because of tears, cheated because of sweet lips, and returned because of raising hands at the stroke of the camera, but when "reparation," there is a dead-end position like a practicing lawyer, such as claiming not to remember, claiming to be a loan, claiming not to sign a contract, claiming to be someone else's transfer, etc.

These behaviors rely on the knowledge gap of society and presumptuousness, allowing many creditors to choose to let go, both with the legal right to recall, and some of them can also be "criminal illegal."

2) Related Laws - What condone? (Easy-to-understand summary)

Civil case (contract refund / legal debt): A creditor can sue for a refund, whether or not there is a written contract, if there is sufficient testimony, such as chat messages, account transfers, or witnesses, the court can hear (the practical use of LINE / Facebook messages as evidence).

Debt Receiving Book / Debt Acceptance: If the borrower signs the debt (even as a unilateral document), it is evidence that the court can use to reduce the issue of life or confirm the debt balance.

Criminal cases (fraud, embezzlement, forgery, etc.): If the borrowing is fraudulent, such as giving false information, tricking the transfer of money, or using forged documents, it may enter the criminal code (fraud / embezzlement / forgery category), which is punishable by imprisonment and a fine - and civil liability in tandem.

Interest: If interest is charged in excess of the law, it may enter the "Do Not Charge Interest in Exceeding the 2017 Rate" (which sets the maximum interest rate framework in some cases) - creditors must be careful to charge interest in excess of the legal rate.

3) What do creditors need to do? - Practical Steps (Contract Available / No Contract / Chat Available)

A. If there is a written contract (clearly signed)

Compile contracts and proof of transfer (State Bank), complete copy.

Send a letter of formal question (letter of demand) indicating the date of payment. If not paid, notify that you will sue (paste the evidence as a copy sent) - making documents to the official borrower is very important.

If not replying or ignoring, file a civil case (invoking contractual debts) for a warrant when the court wins.

If the situation is fraudulent / embezzled / falsified, the criminal prosecution can be reported in tandem.

B. If there is no written contract but other evidence (e.g. chat + remittance)

Gathering Chat (Photo / File Backup), Clear Transfer Copy, Person Witness (Eyewitness), Account Information Linked to Borrower.

Chat / text can be book evidence in practice, but continuity and ownership of the paid account should be proved (so that the court associates that the borrower is the actual payee).

If the borrower signs the book of indebtedness (later), keep it - it makes it easier to sue and can cause a new age count in some cases.

C. If there is no evidence at all (oral alone)

It is more difficult, but not impossible - it requires multiple mouths and preparation of deliberations, for the courts often focus more on written testimony.

D. Do not do (what creditors should not do themselves):

Do not use force, intimidate, invade property in person - a criminal offence (such as injuring / threatening / trespassing) - requires only legal means.

Do not arbitrarily exceed the rate of interest, which may make yourself guilty of the Interest Act.

4) Real Case Sample

Each case is briefly summarized - so that the public understands the pattern, problems and legal solutions.

Case A - Line Borrowing Friend + Money Transfer (No Written Contract)

Circumstances: "B" borrows money from "A" by requesting through the line, and "A" transfers money to another account named (but it is a borrowed account) - at the time of the deadline, "B" refuses to return, claiming not to borrow.

EXIT / LAW: Gather Chat + State Transfer + Witness If the money reaches an account controlled by the borrower, the court can take a civil case and has a chance to win. If the witness sees the borrowing, it is better.

Case B - Borrower Signs Debt Receiving Book and Withdraws Word (Reverse Speech)

Scenario: "C" borrowed money and later signed the debt, but when it came time to pay back, claiming that the signature was not his or her or was disturbed to sign.

EXIT / LAW: Debt receivable books are important evidence. Courts often give priority to the signature of the borrower. If the borrower makes a fake claim, the next order is to request proof of the signature (such as forensic signature examination) and may file criminal charges if the forgery is found.

Case C - The debtor gestures "bowed" and gives an indirect signal, but does not settle (plays sympathy).

Situation: The debtor acts "begging," "bowing," expresses remorse in front of a group of people, and promises to pay, but does not act. The creditor does not write in writing, just believes the words in front of a crowd.

Exit / Law: People's words do not have enough weight. If there is no confirmation book, creditors should hurry to draw a written summary (debt / contract) and collect proof of agreement. If they turn a blind eye, send a formal letter and sue the court if necessary.

Case D - A minority of refunds are available for "returned" documents, but not enough.

Circumstances: The debtor only partially returns the book "financed," but the creditor knows the balance is still higher than the document / receipt issued.

EXIT / LAW: Keep proof of the transfer showing the true balance, and if the document "receives the money" misidentifies the balance, the creditor can claim that the document was fraudulently or forcibly made - but there must be supporting evidence, if necessary, to sue for the remaining distinction and to try a criminal case in which the fraudulent intent was found.

5) Practical advice - Creditors should do it immediately when loaning it to an acquaintance.

Do not trust orally - even as a friend or relative, agree to a simple written settlement (debt intake book), specify a date of return, interest balance (if any), and the payment channel, keep proof of every transfer - transfer through the bank and keep the slip / state as proof.

Systematic Chat Log - If you talk through LINE / FACE, export the message / log as a file (clearly captured) and link it to the account that transferred the money into it. Chatting evidence in practice can be heard by the court. Send a formal letter before suing - try any way to get the parties to settle before going to court (this saves time and costs).

When necessary, sue the court without delay - the age of validity is effective (civil cases on debt generally have a term based on the type of contract - a lawyer should be consulted when the case is complicated).

6) Social summary

Some Thai societies are used to the image of "people bowing down" on temples or Facebook pages, posting photos with children with shallow captions and then disappearing into the wild - but that's not a sustainable business plan for lenders. Money is not a toy. If people in society continue to let the culture "be kind to damage," we will see a cycle of borrowers springing up into mushrooms.

The law has a solution - civil and criminal - but what it requires is the knowledge of the people (and the courage to apply the law), not the fear of repeated victims.

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