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How to collect debt not to break the law.

When we are creditors We shall have the right to notify the debtor to pay the debt. However, the Debt Collection Act 2015, which has been in effect since September 2, 2015. 
Is a law that has a compulsory framework for collecting debts of creditors. So both the debtor And creditors should study the details of this law. Otherwise, your debt collection may be illegal.

"Debt collector"
Is a creditor who lenders money. Whether legally or not Including the person authorized by creditors to collect debt, such as a debt collection company.
"Debt collection business"
Is a debt collection business operator Which must be registered for debt collection with the Registrar In case of debt collection business operator is a lawyer To be registered with the Lawyers Council Violators who do not register are subject to imprisonment for a term of not more than 1 year and a fine of not more than 100,000 baht.
Government officials such as the military and police are prohibited from conducting debt collection businesses. Or to help others collect debts that are not their own debts Unless the debt of the husband, wife, parent or child can be done within the framework of the law. Violators are subject to imprisonment for a term not exceeding 5 years or a fine not exceeding 500,000 baht or both.
Debt Collection Practices
1. Do not collect debt with people who are not debtors. Unless it is a person specified by the debtor to demand There is a practice which if anyone violates or fails to comply with imprisonment for not more than 1 year and a fine of not more than 100,000 baht.

2. Debtor must show himself Inform your name-last name with the intention to ask for information to contact the debtor
3. Debt collectors do not disclose information on the debt of the debtor. Except the person who has contacted is the husband, wife, father - mother or children of the debtor by telling them as necessary Anyone who violates or fails to comply with a term of imprisonment for not more than 1 year and a fine of not more than 100,000 baht.
4. Do not use text, mark or business name of debt collector on envelopes. Anyone who violates or fails to comply with imprisonment for a term not exceeding 1 year and a fine not exceeding 100,000 baht.
5. Do not deceive or mislead others. To get the information of the debtor
6. Contact the debtor at the given contact location.
Date time frame: Contact on Monday - Friday at 8.00-20.00 hrs. And on public holidays from 8.00-18.00 hrs. If the violation will be suspended. And if repeated violations will be punished with a fine of not more than 100,000 baht.
Debtor contact framework: contact the appropriate number of times.
7. In the case of being an attorney for debt collection, evidence must be presented that he has been assigned.
8. Do not intimidate and use violence. Causing damage to body or property Persons who violate imprisonment for not more than 5 years or a fine not exceeding 500,000 baht or both.
9. Do not speak impolite, insulting the violators or failing to comply with a term of imprisonment for a term not exceeding 1 year and a fine not exceeding 100,000 baht
10. Do not collect debts via post or fax with a clear message of debt collection. Those who violate or fail to comply with imprisonment for up to 1 year and a fine of not more than 100,000 baht.

Knowing this, the debtor can protect himself. As for creditors, they must obey the law. Otherwise, they pay more fines than the money they are refunded.

Article translated by Arthitaya Umpool

 

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