Thailand: Civil and criminal penalties faced by defaulting debtors; whether a debtor is entitled to police protection from a lender who harasses him/her for non-payment (1998-1999)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 13 August 1999 |
| Citation / Document Symbol | THA32270.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Thailand: Civil and criminal penalties faced by defaulting debtors; whether a debtor is entitled to police protection from a lender who harasses him/her for non-payment (1998-1999), 13 August 1999, THA32270.E, available at: https://www.refworld.org/docid/3ae6ad7963.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Information concerning the civil and criminal penalties faced by defaulting debtors is scarce among the sources consulted by the Research Directorate. A bill intended to revise Thailand's bankruptcy law was introduced in 1998 (AP/Worldsources 11 Feb. 1998). A Bangkok Post article of 23 January 1999 states that the Thai Senate was considering raising the debt ceilings in the existing draft bill to "make it harder for creditors to sue debtors for bankruptcy or to prevent their effort to rehabilitate their businesses." In March 1999, it was reported that the latest Senate amendments to the bankruptcy bill contemplated doing away with the personal guarantee for loans, a move that was opposed by the Thai Bankers' Association (The Nation/Worldsources 11 Mar. 1999).
According to the Thailand-based Development and Education Programme for Daughters and Communities, indebtedness is one of the factors feeding the problem of trafficking in girls and women in Thailand:
Brothel owners in Chiang Mai and the south of Thailand have well-established networks of agents in the north. These agents systematically target families who are undergoing economic hardship and try to convince them to sell their daughters for much needed cash
In February 1999 it was reported that a mass rally of 10,000 farmers was held at Sanam Luang to protest chronic debt problems (Bangkok Post 5 Feb. 1999). One farmer is mentioned in the article as owing money to both a bank and a "loan shark" (ibid.).
No information as to whether a debtor is entitled to police protection from a lender who harasses him/her for non-payment could be found among the sources consulted by the Research Directorate. For general information concerning the availability of police protection in Thailand, please consult THA30949.E of 22 January 1999 and THA32269.E of 13 August 1999.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Response.
Associated Press/Worldsources (AP). 11 February 1998. "New Bankruptcy Law to Offer Many Advantages." (NEXIS)
Bangkok Post. 5 February 1999. Anchalee Kongrut. "Stories of Chronic Debt Burden Retold Mass Rally Hoped to Bring Relief This Time." (NEXIS)
_____. 23 January 1999. Mongkol Bangprapa. "Senators Make it Hard to Sue Debtors." <http://www.bkkpost.samart.co.th> [Accessed 9 Aug. 1999]
Development and Education Programme for Daughters and Communities (DEPDC). 11 November 1997. "Fighting the Sexual Exploitation of Children in Thailand." <http://www.capcat.ksc.net/org/depdc.html> [Accessed 30 July 1999]
The Nation/Worldsources [Bangkok]. 11 March 1999. Jiwamol Kanoksilp. "Revised Draft Could 'Hit Credit System.'" (NEXIS)
Additional Sources Consulted
Unsuccessful attempts to contact oral sources.
Electronic sources: Internet, IRB Databases, NEXIS, WNC.