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Lawyer Answers
Ascendance International Consulting (A-I-C)
Thank you for reaching out. Situations involving informal loans to acquaintances are unfortunately common, but there are effective legal steps available in Thailand to pursue recovery—especially where the amount involved is substantial.
Based on your description, your ability to recover the funds will primarily depend on the evidence of the loan agreement and the borrower’s assets and financial position. The fact that repayment was tied to the sale of land or mortgaging of property does not prevent you from taking action if the debtor is now unreasonably delaying repayment.
Your Legal Position in Thailand
If you can demonstrate that the funds were provided as a loan (not a gift), you may pursue:
- A formal demand for repayment
- Civil debt recovery proceedings
- Court judgment for the outstanding amount
- Possible asset attachment or enforcement against property (if judgment is obtained)
Even where the agreement was informal, Thai courts often accept supporting evidence such as bank transfers, chat messages, written acknowledgments, or witness testimony.
Recommended Strategic Steps
1. Evidence Review
We first assess the strength of proof that this was a repayable loan. Helpful evidence includes:
- Bank transfer records
- Written agreement (if any)
- Chat messages discussing repayment
- Any acknowledgment of the debt
- Details of the debtor’s land or house
2. Formal Demand Letter
In many cases, a properly drafted legal demand prompts repayment or serious negotiation. It also strengthens your position if litigation becomes necessary.
3. Civil Recovery Action (if needed)
If the debtor continues to delay, we can initiate court proceedings to obtain a judgment and pursue enforcement against assets.
Important Considerations
- Thailand has a statute of limitations for debt claims (generally 10 years for written evidence, shorter in some cases), so timely action is important.
- The larger the documented debt and the clearer the proof, the stronger your leverage.
- If the debtor truly owns land or a house, recovery prospects are generally more favorable after judgment.
Next Steps
To evaluate your recovery prospects and recommended strategy, please provide:
- Amount loaned
- Dates and method of transfers
- Any written agreement or messages
- Full name of the debtor
- Details of her known assets (land/house, if available)
- Your location and nationality
Once reviewed, we will advise you on the strength of your case, recovery options, expected timeline, and cost-benefit outlook.
We look forward to assisting you in protecting your financial interests and pursuing appropriate recovery.
Ascendance International Consulting
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