Civil Case

A loan claim generally has a 10-year limitation period (Civil and Commercial Code s.193/30), counted from when the claim can first be enforced (s.193/12), for example the repayment due date. Repayments agreed in instalments and unpaid interest have a 5-year period (s.193/33). For a loan of more than 2,000 baht, you need written evidence signed by the borrower to sue for the money and interest (s.653). A lawyer will check the limitation period for each part of the debt.

Court fees for a money claim follow the schedule attached to the Civil Procedure Code. In general the fee is 2% of the amount claimed up to 50 million baht, capped at 200,000 baht, plus 0.1% of any amount above 50 million baht. Some cases use a different rate or are exempt from fees. A lawyer will calculate the fee for your actual case.

On the civil side, the holder can sue the drawer within 1 year from the cheque's due date (Civil and Commercial Code, section 1002). On the criminal side, it must be checked whether the law on offences arising from the use of cheques still applies to the case and what the deadline for filing a complaint is; a lawyer checks this against the actual dates and documents.

File a petition with the court to appoint an estate administrator. The administrator then manages the estate and distributes it to the heirs according to the will or the law.