12th Jul, 2020
By definition, a debt collector is a creditor who makes a loan to a debtor. It’s important to note that the loan can be legal or illegal. Furthermore, a debt collector is also classified as any person engaged or employed in the business of debt collection. Any person that works as a debt collector must register with the Fiscal Policy Office and pay a fee that is set in accordance with government regulations.
By law, debt collectors are only allowed to communicate with the debtor or the debtor’s lawyer. Also, a debt collector is only allowed to contact the third party to learn the debtor’s location. The debt collector is also limited to identifying his identity as well as inquiring with a third party to find the debtor’s whereabouts. It is not legal for the debt collector to tell the third party that the debtor owes a debt unless it is the debtor’s spouse, child, or parent.
The debt collector is only allowed to contact the debtor between 9:00 am to 8:00 pm Monday through Friday. During holidays, the hours of contact are 9:00 am to 6:00 pm. Additionally, the debt collector can only contact the debtor at a place or location given to the debt collector.
A lawyer of a debt collector must state their name or agency, full amount of the debt as well as the name of the creditor. The only way that a debt collector can collect the amount in person is to show the power of attorney to the debtor.
It is also extremely important to note that the debt collector is prohibited from using threats, abusive language, or violence towards the debtor. The debt collector is also forbidden from stating falsehoods such as allowing the debtor to believe that the debt collection has come from a court order, a government official, or another lawyer.
The New Debt Collection Act is complex, and can be very confusing for a debtor who owes money to a debt collector. While it is always advisable to only take a loan from a reputable lender, the Debt Collection Act does provide a measure of protection for those who did not have this option to begin with.
Harwell Legal International Law Office is Thailand’s premier international law office in Phuket. Our team of experienced lawyers is able to provide friendly, professional services with measured results. If you are in need of legal counsel regarding debt collection or the Debt Collection Act, reach out to us via email at office@harwell-legal.com We will do our best to ensure you get friendly service while resolving any debt collection issues you might have.
Thailand’s new Debt Collection Act aims to protect consumers from unfair practices by debt collectors. By definition, a debt collector in Thailand can be a creditor who has made a loan, either legal or illegal, or any person engaged in the business of debt collection. The Act imposes restrictions on collectors, allowing them to communicate only with the debtor or their lawyer, and contact third parties solely to determine the debtor’s location. It also establishes fair rules for debt collection, including permitted contact hours and prohibition of threats, abusive language, or falsehoods. For comprehensive understanding and guidance on the new Debt Collection Act in Thailand, Harwell Legal International is available to provide professional services.
#debt collection act thailand #debt collection thailand #thailand debt collection law
23rd May, 2020
Thailand is a wonderful country for a holiday. Rich in culture, the Kingdom provides much to see and do. However, when traveling in Thailand, it is paramount to obey the rules and laws. Often times travelers to Thailand let their guard down, and find themselves in trouble. So, what do you do when you are arrested for illegal activities in Thailand?
7th Mar, 2020
If you’re moving to Thailand, regardless of your age, it’s essential that you make a last Thai will and testament. Many people move to Thailand for its serenity and beauty, and to escape from such worries. But your Thai assets are just as important as your assets in your home country and they shouldn’t be left to chance. Many Expats see writing a will like something they don’t want to talk about or something to put off until a later date. After all, buying a property in idyllic surroundings is a time to celebrate and enjoy life. But it’s also an investment and all too often people find they’ve left it too late and their loved ones are left to sort out the complications left behind at a time that is already stressful and upsetting for them. Sorting out your last will and testament is something to consider the moment you sign your contract. Then you can settle in Thailand safe in the knowledge that you’ve protected your next of kin.
12th May, 2020
For whatever reason, not all marriages go the distance. When this happens, spouses often mutually consent to end the marriage in Thai divorce. Filing for divorce is acceptable and possible in Thailand, and there are fair laws which provide guidelines on settling disputes as well as various arrangements that need to be made both during the divorce process and after.
5th Jun, 2020
Thailand is a wonderful destination for a holiday. Stunning natural scenery, pristine beaches, delicious food, and unique culture are some of the factors that draw people to the Kingdom. Often times, return visitors to Thailand decide to invest in property.