ACHIEVEMENTS & WORK PERFORMANCE
We were engaged in largest scale to debt collection on the case
of Toyo Engineering Corporation where debt collection sum was totaled
over Baht 400 million. Furthermore, our major clients include Johnson
& Johnson, Monsanto, Cement Thai Group, Unilever, Pattaraprasit
Group, Novotel Group, Osothspa, TOA group, Dupont as well as Thai
& foreign multi-national commercial and trading firms of over
3,000 firms altogether.
The expense on taking action on the investigation for judgment execution
is offered as low at Baht 5,000.-per case in Bangkok Metropolitan
area. The expenditure on proceeding on the case and per diem allowance
is reimbursable on the employer as actually incurred. Upon the recovery
of the money or asset/s a 15% service fee is imposed on the recovered
amount. The travelling expense for investigation of assets for judgment
execution in provincial up-country is calculated as a one-time lump-sum
per kilometer at the rate of Baht 10.-/per kilometer based on return
trip distance measured from your branch offices located in provincial
up-country. As for commission, the same rate of commission as in
Bangkok Metropolitan area applies.
1. DEBT COLLECTION SERVICE
Upon receipt of inquiry / request by a creditor for debt collection
service in respect of an outstanding amount, the following are checked:
1.1 The value of the outstanding amount, together with any accrued
1.2 Evidence establishing the outstanding amount ;
1.3 That prescribed period(s) of validity in respect of the outstanding
amount have not expired;
1.4 Previous debt collection activities by other agencies in respect
of the outstanding amount;
1.5 Particulars of address and telephone number(s) of contacts;
1.6 Probable reasons why the Debtor has not paid the outstanding
1.7 Particulars of the origin(s) of the outstanding amount.
Once the above checks have been made, an agreement is made with
the Creditor in respect of costs of actions, expenses, professional
fees. The amount of such charges can be obtained from the Table
of Expences enclosed with this document. Our fees are flexibly determined,
depending on the volume of work envisaged with the client, and are
agreed on a case-to-case basis. Within 7 days of conclusion of the
Debt Collection Contract, our debt collection officer is sent to
collect information and to commence negotiation.
The client's case is put to the debtor as part of a motivational
exercise aimed at settlement in the client's interests. Should the
debtor pay the outstanding amount, the action is deemed concluded,
and the client will be invoiced for agreed fees, charges and expences.
Should the debtor request installment terms, then Decha International
Law Office will collect installments on behalf of the client and
transfer payments to client's account(s) until all such installments
are paid and all debtor's monetary obligations to the client are
met. Our debt collection procedures do not emphasize collection
of debt via telephone or by notice, for the simple reason that such
methods are often rather ineffective in persuading the debtor to
make payment. Our office focuses on debt collection procedures which
involve meeting face-to-face. Generally negotiation / discussion
on the outstanding amount can be concluded within a period of 1
2. LEGAL PROCEDURE IN COURT.
In most cases, court proceedings are initiated only if:
- conventional debt collection efforts are unsuccessful, or
- the period of validity prescribed by law for recovery of the debt
is nearing expiry, or
- the debtor disputes the claim, or
- where the debtor possesses negotiable assets but refuses to pay.
In such cases, Decha International Law Office will initiate court
action. Generally, it takes no longer than 15 days to file the case
at court. Legal action in court normally follows in approximately
2 - 3 months, or sooner, depending on court workload. In the event
that a debtor elects to defend the claim, a court order can be obtained
which will allow us to attach the debtor's assets in anticipation
of the cost of actions, expenses, professional legal fees and repayment
of the outstanding amount, should payment of said outstanding amount
be ordered by the court.
3. EXECUTION OF COURT ORDERS.
We use court orders to authorise investigation of the debtor's assets
for the purpose of enforcing court findings and decisions. Our asset
investigation officer then investigates the details of debtor's
assets including houses, land titles, vehicles, salaries, rights
to claims against third parties, bank deposits, household goods,
and usufructs. Once asset details have been collected, our judgment
execution officer will initiate procedures at the Department of
Judgment Execution and will require the Receiving Officer in Bankruptcy
to seize and attach the debtor's assets for auction to liquidate
funds for final settlement of the client's claims as creditor under
the terms of the law.
4. INVESTIGATION PRIOR TO ARREST.
Where an arrest warrant has been issued, i.e. in cases of embezzlement,
criminal misappropriation, issue of cheque returned unpaid by payee's
bank on the basis of insufficient funds, and where the period of
validity prescribed by law has not expired, action can be taken
to arrest the person concerned. Both the existence of the authority
to arrest, and the currency of the prescribed period need to be
checked. If the prescribed period has not expired, our investigating
officer will start gathering information. Once the debtor is located,
an arrest will be made and the debtor brought either before a court
or to a police station. Generally this process consumes approximately
3 - 6 months. Should the debtor defend the case we will appoint
our lawyer as co-plaintiff until a final verdict is obtained.
5. CLIENT'S LEGAL CONSULTATION SERVICE.
Fees will vary, depending upon the volume of business and size of
business operation of the client. For relatively large-scale ventures
the monthly service fee is Baht 10,000.- with immediately available
legal consultation service at all times and entitlement to summon
a lawyer for out-of-location service up to 40 times p.a. Applicable
fees and information relevant to our services can be obtained from
our Scale of Charges, attached.