Dishonored Cheque Recovery

ทนายคดีเช็คเด้ง (พ.ร.บ.เช็ค 2534) · § Litigation
Quick Answer
Bank rejection → obtain return slip → 15-day demand → file criminal complaint within 3 months if unpaid. Payment triggers withdrawal and termination.
Timeline: Preliminary examination 60 days · First instance 4–8 months · Most settle during preliminary stage
Official fee: No court fee (criminal) · Parallel civil suit incurs 2% fee
Legal Basis
Cheque Offence Act B.E. 2534 §4 — up to 1 yr imprisonment or THB 60,000 fine or both; offense may be settled out of court.
Who Needs This
Trade creditors receiving post-dated cheques that bounced, lenders holding cheques as collateral.
Required Documents
- Original dishonored cheque
- Bank return memo
- Demand letter with EMS receipt
- Drawer's ID copy
Common Pitfalls
- Must file within 3 months of dishonor notice
- Post-dated cheques marked 'as guarantee only' may fail intent test under recent precedent
- Intent required — temporary bank closure or system error doesn't qualify
Typical Use-cases
- Factory suing customer over THB 500,000 bounced payment cheque
- Personal lender suing on collateral cheque
- Landlord suing on 6-month advance-rent cheque
FAQ
- Can we pursue both criminal and civil?
- Yes — or combine civil relief into the criminal filing under CrimPC §44/1 to save fees.
- Defendant pays after filing — now what?
- File withdrawal · case terminates under Cheque Act §7. Creditor recovers principal plus 7.5% interest.
- Cheque from a PLC bounced — sue the directors?
- Yes — signatory directors are personally liable alongside the company (Supreme Court 5641/2560).
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Official sources — legal services
The information on this page follows the official sources below. Always check the latest version before you file.
- สำนักงานศาลยุติธรรม— Office of the Judiciary
- กระทรวงยุติธรรม— Ministry of Justice
- สภาทนายความในพระบรมราชูปถัมภ์ — ทนายความผู้ทำคำรับรองลายมือชื่อและเอกสาร— Lawyers Council of Thailand
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
- ราชกิจจานุเบกษา — ประกาศและกฎหมายที่มีผลบังคับ— Royal Thai Government Gazette
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: THB 2 million of paid-up registered capital per foreign work permit, or THB 1 million if the foreigner is married to a Thai national, and THB 3 million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.






