Loan - Guarantee - Received Debt
Borrowing money is a borrowing contract whereby a person called a “borrower” borrows a certain amount from another person called a “lender” and the borrower agrees to repay the money within the agreed timeframe. The borrower agrees to pay interest to the lender at the agreed rate. The loan is valid upon handover to the borrower. and have evidence of borrowing money
However, when borrowing from 2,000 baht or more, there must be written evidence showing that the loan was actually borrowed. and how much money have been borrowed which must be signed by the borrower is important If the loan is not made in writing Lenders can't file a lawsuit against each other. According to the Civil and Commercial Code, Section 653
Guarantee is a contract which one person calls The "guarantor" promises to pay the debt to the creditor. If the debtor refuses to pay the debt
Proof of Loan - Guarantee
Proof of borrowing must be in writing. which signed the borrower's name There must be significant to see that the loan is sufficient. The law does not force the lender to sign. If the borrower is unable to write the book, the book must be fingerprinted. with 2 witnesses signed to certify
Proof of guarantee must be in writing. which is signed by the guarantor In the event that the guarantor prints fingerprints Two witnesses are required to certify.
example
"I'm Mr. Yodsoo. got a loan from Hia Lam Sam In the amount of 100,000 baht, I promise to return the said amount within April 1, 2012, signed by Mr. Yodsu, the borrower."
The document stating that the money has been received without specifying that it is a debt or has to be refunded It is not evidence of borrowing money.
without having to do or have it at the time of borrowing but at the latest must do and exist while filing a petition requesting for enforcement of loan repayment According to the Supreme Court Judgment 2161/2541, for example, the loan contract, daily record debt receivable letter letter to use back receipt, etc.
interest rate
Borrowing money according to the law stipulates that Lenders cannot claim interest more than 15 percent per year or 1.25 percent per month. If the interest rate exceeds the rate Interest will be null and void, which is not a waste of money. Payment of debt must be deducted from the principal first. will not be able to deduct interest because creditors have no right to receive interest before default According to the Supreme Court's verdict No. 231/2017, the lender can only claim the principal.
In addition, lenders may face prison sentences for criminal offenses for raising interest rates in excess of 2017 Section 4, which carries a maximum prison term of two years or a fine of not more than 200,000 baht, or both. or the charge of perjury in an important case in Section 177 paragraph 1, which carries a prison term of not more than 5 years
Term of filing for accrued interest : The term is only 5 years.
agreeing to charge interest over interest (overdue less than 1 year)
Borrowing parties will agree that the interest is compounded with the principal. then to charge interest in the amount that can be compounded together But the agreement must be made in writing. According to the Civil and Commercial Code, Section 655, first paragraph
accepting debt
is that the debtor admits that he is actually indebted to the creditor which represents the unilateral intent of the debtor This will result in the interruption of the lifespan.
Can occur in many ways, such as legal contracts, torts, windfall should be able to make a letter of debt
how to get debt such as making a book pay off some debt, pay interest, provide bail, or anything else that shows that you are a debt
Receipt of debt does not need to be signed by the creditor. or a witness The law only requires that the debtor's signature must be signed.
Receipt of the debt must be done before the original debt expires, which results in the interruption of the age.
The age of lawsuit is 10 years.
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