Loans, Guarantees & Mortgages
No written evidence, illegal interest, and late notice to guarantors, the three points that decide most loan cases.
Loan cases look simple but are full of technical traps, evidence of the loan, evidence of repayment, interest caps, and special steps where guarantees or mortgages are involved.
We act for lenders who want their money back, and for borrowers and guarantors being pursued beyond what the law allows.
What this dispute is, and where it comes from
A loan unpaid at maturity, typically born of lending on trust without papers, oral interest deals, transferring first and documenting later, or guarantors signing without grasping their exposure.
Documents & evidence to gather first
- The loan contract or signed written evidence
- Chats where the borrower admits the debt
- Transfer slips, money out, and any partial repayments
- Guarantee, mortgage, or other security documents
- Debtor's and guarantor's ID and address
How we can help
Legal knowledge worth knowing
Loans above THB 2,000 are unenforceable in court without written evidence signed by the borrower.
Repayment may be proven only by signed written evidence, return of the loan document, or its cancellation, cash repayments without proof are dangerous.
Private loan interest may not exceed 15% per year, charging more is a criminal offence and voids the interest term.
On default, the creditor must give written notice to the guarantor within 60 days, or lose interest and damages accruing after that window.
Foreclosure requires prior written notice giving the debtor a reasonable period, no less than 60 days, to pay.
Supreme Court No. 3622/2568, two transfers in the same chat: the one accompanied by wording showing a loan succeeded, the one with only a transfer and a thank-you failed, because the words did not show that the money was lent.
Supreme Court No. 6757/2560, a creditor's Facebook message saying the money need not be returned and was given away was held to be a release evidenced in writing under Section 340 of the Civil and Commercial Code. The debt was extinguished and the creditor's claim dismissed; the explanation that it was written in spite was rejected.
Limitation periods and deadlines you cannot miss
- 10 yrsOrdinary loan claims, from the due date
- 5 yrsLoans repayable in instalments (s.193/33(2))
- 60 daysNotice to guarantors after default / minimum period in a foreclosure notice
The above is a brief summary of legal principles for general knowledge only, not advice on any specific case. Statutes may have been amended and application always turns on the facts. Please verify the current law or consult an attorney before acting.