When someone breaks a contract or does not pay a debt to you, Thai laws do not allow you to enforce them to pay by yourself. You need to sue them in court to enforce them. For example, if you buy a unit of condominium and they do not build it for you. You have to enforce them to perform the contract or refund with compensation by suing them. However, suing does not mean you will get full compensation. You will get the compensation if you win the case and a defendant has properties in Thailand. Then, you can use the judgement to the Legal Execution Department to seize or freeze the defendant ‘s properties and right then sell these properties at auction in order to repay you. If the defendant has no properties, it means that although you win the case, you will get nothing. Nevertheless, in the case that the defendant has no any properties today but has properties later in the future, you can seize or freeze his/her/its properties but need to enforce them within 10 years since the court has the judgement. However, if the defendant is only a company, we cannot enforce the company after it is closed. The company will be in liquidation then sell all properties to repay creditors. Moreover all shareholders who do not have full payment for the stocks of the company shall pay for the stock then the payment will be compensated to the creditors. After finishing the liquidation and closing a company, there is no more property to be enforced.
After the court has a judgement, a plaintiff has to find the defendant ‘s properties in order to seize or freeze them. In the case that the defendant has an immovable property such as a land or condominium, it is easy to find it by a land office. We can find out how many vehicles such as cars or motorcycles a defendant has and find their details by the Department of Land Transport. However, it does not know where they are in the present. If you want to freeze the bank account of a defendant, the information on which bank a defendant deposits money is needed to inform an execution office in order to freeze it. About other properties, a plaintiff or his/her lawyer needs to find them and inform an execution office in order to seize or freeze them. Nevertheless, do not worry too much about the defendant ‘s properties. Consult a lawyer whether you should sue a debtor and consult him/her about the opportunity to receive compensation after winning the case. A good lawyer will advise the best interest for you, not advise you to receive only a paper of judgement without any companastion. In conclusion, you should find out and consider information about your debtor ‘s assets before you decide whether to sue him/her/it.
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