LEGAL MEASURES REGARDING DEBT COLLECTION ACCORDING TO THE DEBT COLLECTION ACT BE. 2558

Abstract

Abstract

This research article aims to: 1. examine legal concepts, principles, and theories related to debt collection;  2. study legal measures governing debt collection; 3. analyze the measures under the Debt Collection Act B.E. 2558 (2015); and  4. propose guidelines for improving legal measures to suit the Thai context. This study adopts a qualitative research approach, employing documentary research methods. The sources include the Debt Collection Act B.E. 2558 (2015), provisions on obligations under the Civil and Commercial Code, Supreme Court judgments, textbooks, academic articles, and related documents from both domestic and international sources. Data were analyzed using descriptive analysis.

The findings indicate that debt collection constitutes a civil legal relationship between creditors and debtors under the law of obligations as stipulated in the Civil and Commercial Code. Creditors have the right to demand repayment from debtors in accordance with contractual agreements; however, the exercise of such rights must be within the framework of the law and must not infringe upon the rights of debtors. The Debt Collection Act B.E. 2558 (2015) establishes key measures, including the regulation of debt collection businesses, the specification of rules regarding methods and timing of debt collection contact, and the prohibition of harassment, intimidation, or deception of debtors, in order to protect the rights and human dignity of debtors. The study further reveals certain limitations in law enforcement, such as insufficient awareness of debtor rights, inadequate regulatory oversight of debt collection businesses, and the increasing use of electronic media for debt collection. Therefore, it is recommended that enforcement mechanisms be strengthened, public legal awareness be enhanced, and regulatory supervision of debt collection businesses be made more effective, in order to achieve a balance between creditors’ rights and debtor protection within Thai society.