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).
Other Legal Services
Request a quote — Call 083-249-4999 · LINE @NYC168 · contact@ilc.ltd






