Lending money to a friend, relative or acquaintance usually starts from trust. Nobody wants to ask for a signed contract, until the day you ask for repayment and hear nothing back. The first questions most people search for are "Can I sue?" and "Can I go to the police?" The answer depends on the evidence you have and how the money was lent.
A loan of more than THB 2,000 needs written evidence
The law provides that for a loan of more than THB 2,000, if there is no written evidence signed by the borrower, you cannot sue to enforce it. This leads many people to think that without a loan agreement it is all over, but in fact the written evidence does not have to be a formal agreement.
Things that may be used as evidence include:
- A message the borrower wrote or typed acknowledging how much they borrowed and that they will repay
- LINE chats, emails or other messages that identify the borrower and contain an acknowledgement of the debt. Courts have accepted electronic messages of this kind in several cases.
- A record of acknowledging the debt or asking for instalments that the borrower made afterwards
A transfer slip alone is not enough
A slip proves that the money reached the recipient, but it does not say it was a loan. The recipient may claim it was a gift, payment for goods, or repayment of an old debt. What gives a slip weight is an accompanying message, such as a message asking to borrow before the transfer, or a message acknowledging it after the transfer.
If you have no evidence at all, make your demand as a message the borrower has to answer, for example asking about the money borrowed on which date, how much, and when it will be repaid. If the borrower replies confirming the amount, that message may become evidence you can sue on. Do not threaten or shame the borrower in your messages.
When can you report to the police
Failure to repay a loan is a civil matter. The police have no duty to chase debts for you, but some cases can be criminal offences.
- Deception from the time of asking to borrow, such as inventing an illness or a business that does not exist to get the money, may be fraud. You must prove an intent to deceive from the start, not merely that the money was not repaid.
- Payment with a cheque that could not be cashed may fall under the cheque offences. Read more about bounced cheques.
Reporting to the police merely to pressure someone to repay in a purely civil matter may come back as a problem for the person who reports.
How much interest can you claim
A loan between ordinary individuals is subject to a statutory interest ceiling. If the agreed interest exceeds the ceiling, the interest agreement may be void entirely, and lending at an interest rate above the limit is also a criminal offence. A creditor who charges high interest should therefore check before suing, or may be able to claim less than expected.
The steps from demanding payment to getting your money
- Gather the evidence. Slips, chats, and messages in which the borrower acknowledged the debt.
- Demand in writing. Set a deadline for payment and keep proof of delivery. For the lawful rules on demanding payment, see how far you can chase a debt yourself.
- Sue. A claim for a modest amount with clear evidence is often not complicated, and many cases end with an instalment settlement in court.
- Enforce the judgment. If you win and the debtor still does not pay, ask to seize or attach assets, such as the part of a salary above the threshold, a car or land.
Before deciding to sue, find out whether the borrower has income or assets that can be enforced against. Otherwise you may win the case and not get the money.
📌 See more: Asset tracing and enforcement · Guide to debt collection, suing debtors and enforcement
If someone has borrowed money and not repaid it, consult our lawyers. Send us the evidence you have, and we will assess whether it is enough to sue and where to start.
This article is general information and is not legal advice for any specific case.
