Lent Money and Not Repaid, No Contract, Only Chats: Can You Sue?

Lent Money, Not Repaid, No Contract, Only Chats: Can You Sue?

This page is for people who transferred money to a friend, relative or ex-partner as a loan, and now the borrower is silent or has blocked them, leaving only transfer slips and chat messages and no signed loan contract.

Short answer: In many cases you can sue. For loans above 2,000 baht, the law requires written evidence signed by the borrower. This need not be a formal contract, and some chats may qualify while others do not. First step: save the whole chat thread together with the borrower's profile page, keep every transfer slip, and do not delete any message.

What the law says

Section 653 of the Civil and Commercial Code provides that a loan of more than 2,000 baht cannot be enforced in court unless there is written evidence of the loan signed by the borrower. The key point is that the law says "written evidence", not "a formal loan contract". A message written by the borrower that admits the loan and states the amount may qualify as evidence.

Can chats be used as evidence?

The Electronic Transactions Act B.E. 2544 (2001) recognizes electronic messages as writing and recognizes electronic signatures, under the conditions the law sets. In practice, courts look at whether the message shows that it was a loan or a debt, states the amount, and genuinely came from the borrower's account. Every case has different facts, so a lawyer needs to see the real chat.

Where are you now?

1. You can still talk to the borrower

Within 7 days: ask the borrower to confirm in writing how much was borrowed and when it will be repaid, using the word "borrow" or "loan" and a clear amount, or ask them to sign a written acknowledgment of the debt. Do not pressure or threaten, as that can create problems for the message later.

2. You have been blocked or the borrower is silent

Within 7 days: export the full chat with dates and times, capture the profile page showing the borrower's name and account, keep every transfer slip, and back up the files somewhere safe.

3. You have only a transfer slip and no message mentioning a loan

Within 7 days: a slip proves money was transferred, but not that it was a loan, because it could have been a gift or a payment for something else. Gather any other messages mentioning this money and a list of people who know about it, then have a lawyer assess whether the evidence is enough.

4. You suspect you were deceived from the start

Within 7 days: write down what the borrower said when asking for the money, the reasons given, and anything that proves it was untrue. Failing to repay alone is a civil matter. A criminal fraud case requires deception from the beginning, which needs separate evidence.

What not to do

• Do not post the borrower's name or photo on social media. It could expose you to a defamation claim.
• Do not chase the debt with threats, or by going to their workplace and telling others. It may break the law, and a lawyer must check whether the debt-collection rules apply to private individuals.
• Do not edit, crop or delete chats. Even if you said something harsh yourself, do not delete it, since tampering makes all your evidence look doubtful.

Steps under the law

1. Gather evidence and send a written demand. A lawyer may send a formal notice to pay.
2. File a civil lawsuit in court. If the amount is modest, the case may be in a Kwaeng (Magistrate) Court, which has a simpler procedure. The monetary limit of that court and of summary cases must be checked by a lawyer against current law.
3. This is generally not a consumer case, unless the lender is in the business of lending, so ordinary civil procedure applies; when the defendant must answer depends on the type of case and what the summons states.
4. The court mediates, hears evidence and gives judgment.
5. If you win but the borrower does not pay, enforcement is a separate step.

On time limits: a loan has no special limitation period, so the general 10-year period applies, counted from when repayment could be demanded; with no agreed repayment date, this may be the day the money was lent. If the borrower acknowledges the debt or pays part of it, the period is interrupted and starts again.

Documents a lawyer needs to see before assessing your case

• Every transfer slip, and your bank statement pages
• The whole chat thread, unedited, with the borrower's profile page
• Messages in which the borrower admits the amount or promises to repay
• The borrower's name, address and any identifying details you have
• Names of witnesses who know about the loan
• Your demand messages, and proof of any partial repayment
• The destination account number and the name of the account holder

Relevant laws

• Civil and Commercial Code, Section 653: a loan above 2,000 baht needs written evidence signed by the borrower to be enforceable
• Section 654: contractual interest may not exceed the legal cap of 15 percent per year
• Section 224: default interest where no rate was agreed (currently 5 percent per year)
• Section 193/30: the general 10-year limitation period, and Section 193/14: acknowledging the debt interrupts the limitation period
• Electronic Transactions Act B.E. 2544, Sections 7 to 9: electronic messages and electronic signatures
• Criminal Code, Section 341: fraud, which applies only where there was deception from the start

Frequently asked questions

Can I sue without a loan contract?
Yes, if you have written evidence signed by the borrower. It does not have to be a "contract". But for amounts over 2,000 baht with no evidence at all, the claim cannot be enforced under Section 653.

Can LINE or Facebook chats replace a written document?
In some cases. The message must show it was a loan or a debt, state the amount, and come from the borrower's own account. A lawyer must see the real chat to say whether it is enough.

The borrower replied only with a thank-you sticker. Does that count?
Probably not enough on its own. Evidence under Section 653 must show the borrower admits a loan or debt, ideally with the amount. A sticker or short reply that mentions neither usually does not. Look for other messages where the borrower refers to the debt, and have a lawyer read the whole thread.

I only have a transfer slip and no chat. What then?
A slip shows that money moved but does not prove it was a loan, because it could be a gift or a payment for goods. Other supporting evidence is needed, such as other messages or witnesses.

How long do I have to sue?
There is no special limitation period for loans, so the 10-year period applies, counted from when repayment could be demanded; with no agreed repayment date, this may be the day the money was lent. If the borrower acknowledges the debt or pays part of it, the period starts again.

How much interest can I claim?
If agreed, up to 15 percent per year. If no rate was agreed, the lender may claim default interest at 5 percent per year from the date of default.

Can I report it to the police as fraud?
Not repaying a loan is a civil matter. Criminal fraud requires proof of deception at the time of asking for the loan. Failing to repay later is not enough on its own.

Can I sue without a lawyer?
Yes. Courts have electronic filing, and smaller claims have a simpler procedure. But whether your chat evidence is sufficient is something a lawyer can help check.

Conclusion

Having no loan contract does not always mean you cannot sue, but you need written evidence signed by the borrower under Section 653, and a clear chat may qualify. If you would like your evidence checked, consider bringing the slips, the whole chat thread and the documents listed above to a lawyer for review.