A notice or demand letter sent to a debtor or contractual party requesting them to fulfill their obligations, such as paying a debt, delivering goods, or paying wages, with a specified time frame, e.g., 7 days, 15 days, or 1 month. If the other party fails to comply within the given timeframe, legal action will be taken.
– Notify the debtor of the outstanding debt.
– In the event of the debtor’s default on payment, this document will serve as evidence in court.
Precautions a creditor should know before sending a notice.
While sending a Notice Letter or demand letter is a common practice for debt collection, it must be done within the legal framework. Otherwise, the notice sent may not result in the recovery of the debt and could even constitute a criminal offense.
– Send to a person other than the debtor or to a person not specified by the debtor.
Violators shall be imprisoned for a term not exceeding one year or fined not exceeding 100,000 baht, or both.
– Indicate on the envelope that this is a ‘Debt Collection Notice
Violates shall be imprisoned for a term not exceeding one year, or fined not exceeding 100,000 baht, or both.
– Sending a notice that could mislead the debtor into thinking it’s from the court, such as sending a document with a royal emblem and a stamp indicating that the lawsuit has been accepted.
Violates shall be imprisoned for a term not exceeding 5 years or fined not exceeding 500,000 baht, or both.
– Sending a notice falsely claiming to be from a lawyer/law firm.
Violates shall be imprisoned for a term not exceeding 3 years, or fined not exceeding 300,000 baht, or both.
– Sending false notifications to customers, impersonating a credit card company.
Violators shall be imprisoned for a term not exceeding 3 years, or fined not exceeding 300,000 baht, or both.
– Sending a false debt collection notice. For example, A sent a notice demanding payment from B, even though B had never borrowed any money from A.
– It is not permissible to send a demand notice before the due date. For instance, if the payment is due on December 30th, a demand for payment cannot be sent before that date. A demand notice can only be issued after the due date has passed.
Advantages of a notice of default
– Inform the other party of their responsibilities, the amount of debt owed, and any applicable fines or interest.
– Inform the other party of the damage incurred.
– It saves time from having to travel to demand in person and reduces the chances of verbal confrontations.
– Reducing costs from multiple trips when the debtor refuses to pay after being demanded
– The debtor’s acknowledgement of receipt is irrelevant. Regardless of actual receipt, the principle of estoppel means it will be considered as received.
– It’s an opportunity for the debtor. If the debtor agrees to pay the debt, there’s no need to file a lawsuit.
– To be used as evidence in court and to have legal effect if the debtor fails to pay the creditor.
Tel: 062-652-4259 (Attorney Dr. Ning)
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With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.