Loan Guarantee Case
A loan is a borrowing contract, which a person calls "borrower". Borrow a certain amount from another person called a "lender" and the borrower agrees to reimburse within the agreed time. The borrower agrees to pay interest to the lender at the agreed rate. The loan will be valid when the money is handed over to the borrower. And evidence of the loan.
The loan of 2,000 baht or more will have evidence in the letter that the loan has actually been. And how much money. The signature of the borrower is important. If the loan is not made in writing. The lender will not prosecute the case. According to the Civil and Commercial Code, Section 653
A Guarantee is a contract that one person calls. "Guarantor" promises to pay the debt to the creditor. If the debtor refuses to repay.
Loan Guarantee Proof
Proof of the loan must be in books. Signed by the borrower. It is important to see that the loan is enough. The law does not force the lender to sign. If a borrower can not write a book, they must print a fingerprint in the book. Two certified witnesses.
Proof of Guarantee must be in writing. The signature of the guarantor. A guarantor prints a fingerprint. Two witnesses must be signed.
The loan rules that determine. The lender will charge interest more than 15 percent per annum or 1.25 percent per month. If interest rates exceed The interest is null and void. The lender can only call the principal. In addition, the lender may be sentenced to a term of imprisonment because of a criminal offense. A penalty of not more than 1 year or fine not exceeding 1,000 baht, or both.
The willingness or willingness to pay interest on the excess. It is an indiscriminate payment and a repayment of the debt, which violates the prohibition of the law. The borrower can not be refunded or deducted.
Agreement to interest (Owed no less than 1 year)
The borrower will agree to take that interest together with the money. Then the interest in the amount of the same. But the agreement must be made. Under the Civil and Commercial Code, Section 655, first paragraph.
Prescription of prosecution
When the loan agreement. If a claim is to be made to the court, the creditor must file the suit within 10 years from the due date of the contract. If this is over. Casey, Age The lender has no right to file a lawsuit. The lawsuit has called for interest arrears. The age of 5 years.
Sample of court judgments interesting.
Issues 1 The contract does not specify the interest rate clearly. Can be claim 7.5 percent per year
Judgment of the Supreme Court No.105/2518
The loan agreement states that The borrower loses interest every month. Even if the interest rate is not set The lender calls the interest rate 7.5 percent per year from the loan date.
Issues 2 Informal borrowing Determining interest of more than 15 percent per year is considered a debt payment that violates the prohibition under the Act to prohibit interest payments over the rate. In that part of the interest is void. Payment The lender has no right Therefore must be deducted from all funds
Judgment of the Supreme Court No. 5376/2560
The defendant agreed to pay interest over the rate specified by the law to the plaintiff. Can be considered as a breach of the prohibition under the law under the Civil and Commercial Code, Section 411. The defendant may call for a refund of the interest paid. But in this article, the Supreme Court, by the resolution of the general meeting, agreed that The plaintiff, as the lender, is the party that calls the interest beyond the rate stipulated by the law from the defendant. When the interest agreement is null and void, the defendant may not demand a refund of the interest paid in violation of the law. The plaintiff would not have the right to receive such interest as well. Must bring the interest that the defendant paid to the plaintiff 7,500 baht to deduct the principal according to the first loan agreement Remaining debt according to this loan agreement, 42,500 baht, when both loan agreements are scheduled for payment on the day of the calendar and the defendant does not pay the debt on schedule. The defendant therefore became the defaulting person to be liable to pay the debt in accordance with the two loan agreements with interest according to the law since the default date is the day following the due date of payment until the payment is completed under Section 224, paragraph one
Issues 3 Chat on mobile phone / computer Considered as evidence instead of a loan agreement
to consist of
1. chat message that identifies, borrow money, amount of money, return date, interest etc.
2. information that identifies a user account of a trusted borrower, such as Facebook Line, for example, by not editing the date of sending messages
3. proof of transfer (Slip) specify date, time, amount
The Thailand Civil and Commercial Code
LOAN FOR CONSUMPTION
Section 653 A loan of money for a sum exceeding two thousand baht in capital is not enforceable by action unless there be some written evidence of the loan signed by the borrower.
No repayment od a loan of money evidenced by writing may be proved unless there be some written evidence signed by the lender, or the document evidencing the loan has been surrendered to the borrower or cancelled.
Section 654 Interest shall not exceed 15% per year; when a higher rate of interest is fixed by the contract, it shall be reduced to 15% per year.
Section 655 Interest shall not bear interest. The parties to a loan of money may, however, agree that the interest due for not less than one year shall be added to the capital, and that the whole shall bear interest, but such agreement must be made in writing.
Commercial usage for the calculation of compound interest in current accounts, as well as in similar commercial transactions, are not governed by the forgoing paragraph.
Section 680 Suretyship is a contract whereby a third person, called the surety, binds himself to a creditor to satisfy an obligation in the event that the debtor fails to perform it.
A contract of suretyship is not enforceable by action unless there is some written evidence signed by the surety.
Additional Advice from Lawyers
1. case not specified in the contract. At the same time, interest can be charged only 7.5 per year.
2. The interest claim can be called up to a maximum of 5 years.
3. before proceeding There should always be a letter called "Nottingham".
4. Loan agreement The borrower must not sign on blank paper.
5. down payment Always write in numbers. To prevent revisions to the amount.
6. should have a witness to sign each other 1
7. Loan agreement is a stamped instrument used before the claim as evidence in civil cases. The stamp duty is 2,000 baht per 1 baht, the contract is 10 baht.
8. Before the plaintiff sued should have a notice to call the "guarantor debt" first, if not the guarantor is not liable for the costs of the debtor shall pay the plaintiff.
Attorney Fees for Loan Guarantee case
Filing a lawsuit against
a borrower / Guarantee
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