Loan Cases in Thailand
Understand Your Rights and Solutions with Growup.
In Thailand's digital era, Lending and borrowing money is no longer limited to creating written contracts in traditional formats only. Nowadays, many people choose to borrow or lend money through online channels, whether it be Facebook, LINE, WhatsApp, or various chat applications.
There are many cases where messages confirming the lending or transfer of money through electronic means can be used as evidence.
Electronic evidence such as messages, screenshots, emails, or online transfer records via banking apps can be used as proof in Thai courts under the Electronic Transactions Act B.E. 2544 (Electronic Transactions Act). This means that if you lend or borrow money and the transactions occur through online channels, you can use such evidence in court.
Therefore, you don't necessarily need to have a physical contract signed in person. A simple chat message or other forms of electronic evidence saved from social media can be used to claim your rights in the event of a loan dispute in court.
What is a loan case?
A loan case refers to a legal dispute arising from a creditor and debtor who have made a loan agreement, but the debtor fails to repay the money as agreed. The creditor then has the right to file a lawsuit in court to recover the debt according to the law. In Thailand, such cases are among the most common, both in everyday life and in the business world.
Examples of common scenarios include:
- Lending money to a friend who does not pay it back
- Lending money for business purposes, but the borrower fails to comply with the contract
- Using a loan agreement or other written evidence of debt as proof when the debtor defaults
- Using electronic evidence such as chat messages or online transfer records as primary evidence in the case
Rights and Duties of Creditors and Debtors in Loan Cases
According to the Thai Civil and Commercial Code,
Borrowing and lending money between individuals or businesses must have clear terms and written evidence, such as a loan document, contract, or proof of transfer. Electronic evidence from online channels is also accepted.
The creditor has the right to:
- File a lawsuit in court to claim repayment of principal, interest, or penalties
- Seize assets or garnish wages of the debtor (if there is a court judgment)
The debtor should:
- Review the agreement and evidence before signing any contract
- Repay the debt on time, or if unable to pay due to valid reasons, negotiate with the creditor
- If sued in a loan case, gather and present evidence or arguments in court to defend their rights or present additional agreements
Steps in Handling Loan Cases in Thailand
- Negotiation and Settlement: Before filing a lawsuit, both creditors and debtors should attempt to negotiate and reach a settlement. If an agreement cannot be reached, the case will proceed to court.
- Filing a Lawsuit:
- The creditor files a lawsuit in court, supported by written evidence of the loan, which can be a contract or electronic evidence.
- The court summons both parties for mediation. If no agreement is reached, the case proceeds to trial and judgment.
- All procedures are conducted according to principles of fairness.
- Enforcement of Judgment: If the court renders a judgment and the debtor still fails to pay, the creditor can apply for enforcement, such as seizing assets or garnishing wages. (More details available at the Legal Execution Department)
Precautions and Recommendations for Loan Cases
- Every time there is a loan, you should prepare a contract or written acknowledgment of debt as evidence. At the very least, keep chat messages, screenshots, or any electronic records as proof.
- Always keep evidence of money transfers, chats, or messages related to the transaction.
- Before deciding to lend or borrow money, assess your ability to repay and the credibility of the other party.
- If you face a lawsuit or encounter problems in a loan case, you should consult an experienced lawyer.
Loan Case Services with Growup.
Growup. provides legal services and comprehensive assistance for loan cases.
- Analyze the problem and offer initial consultation free of charge.
- Draft loan agreements that meet legal standards and comply with the law.
- Provide services for filing lawsuits in loan cases and pursuing debt collection.
- Represent you in negotiations, court mediation, or throughout the enforcement process.
- Protect your rights and interests in every step of the process.
With our experience and in-depth legal expertise in Thailand, we help clients pursue justice in loan cases, both for individuals and businesses.
