Legal Problems of Debt Collectors in Exercising the Right to Collect Debts from Debtors

Abstract

This research aims to study concepts, theories, research, law and factual problems. Legal issues related to debt collectors in the exercise of debt collection rights from debtors both in Thailand and abroad to find appropriate measures to recommend Thai laws to be more effective. Using a qualitative research methodology which is the study of documents from the law academic textbooks, research papers, internet sites. And an in-depth interview method 14 persons related to executives and operators of credit bureau, executives and operators of the bank, executives and practitioners of agricultural cooperatives, executives and practitioners of savings cooperatives, lecturers laws, lawyer and judge The results showed that the law of the debt collector in the exercise of the right to collect debt from the debtor has important facts and legal problems as: The law of the debt collector in the exercise of the right to claim debt from the debtor has problems with facts and important legal issues as: the debtor relocated or escaped the creditor without notifying the creditor of the contact place. Therefore, it should be clearly in the law on such issue and if someone other than the debtor wants to assist the debtor asking may not be effective. In addition, inquiries only with persons who are related to the debtor, such as ascendants or descendants, superiors or person performing duties in the debtor's business. The researcher has studied the laws of foreign countries and found that the law of the United States has laws governing debt collection that money in the system and money to be used only for family expenses. Which is appropriate to apply the laws of Thailand. It suggested that the debt collection law be amended by creditors in the Debt Collection Act B.E. 2558 to be appropriate to the current situation.