
Overdue credit card debt until being sued How should you prepare to deal with it? Things you should know
How much credit card debt do you have to be sued?
What is the litigation process like? From the beginning until the court summons
- During 1-2 months: The bank will call and send you a notification message.
- Month 3: A demand letter will be sent by post.
- After the 3rd month: The debt is classified as NPL and information sent to the credit bureaus.
- Later: The bank hired a lawyer to file a lawsuit with the court.
- When the court issues a summons: It will be sent to the household registration address you registered when applying for the card.
When receiving a subpoena What action is necessary?
1. Study the subpoena carefully.
2. Gather necessary documents
- Copy of ID card
- Copy of house registration
- Documents confirming income such as payslips or certificates
- Evidence of past debt payments (if any)
- Document showing the burden of expenses for raising the family (if any)
- If wearing a card: diary CCTV images and record conversations
3. Consider appointing a lawyer.
If I don't attend the trial, can I? What will be the consequences if you don't go to court?
- The court will consider that you missed the appointment and neglected the case.
- The court can rule that you automatically lose the case. without listening to your testimony
- You will lose the right to negotiate to reduce your debt, request an interest reduction, or request long-term installment payments.
- Subsequently, creditors can file a foreclosure motion to seize your assets.
When attending the trial What will it be like? Can mediation really be possible?
- Request a reduction of principal amount: in certain situations Creditors may agree to reduce your debt if you pay the lump sum immediately.
- Request a reduction in interest and fees: The bank may agree to reduce some of the default interest.
- Request long-term installment payment: split the payment into installments. according to the period consistent with income
- Request to suspend execution: during negotiations
What assets can be seized? And what assets cannot be seized?
Property that can be seized
- House, land, condo (even though it is still in the process of paying in installments) But if it's in your name)
- Cars, motorcycles (If free of burden and not a tool for making a living)
- Gold, valuable jewelry and collectibles with a total value exceeding 100,000 baht
- Stocks, mutual funds, debt instruments
- Deposit in bank account- Salary, bonus or other income (Some parts can be frozen)
Property that cannot be seized
- Tools and equipment necessary for occupation
- Spouse's property (If you are not in joint debt)
- Pension, child allowance and some types of allowance
- Savings account with a deposit amount not exceeding 20,000 baht (according to basic rules)
If there is no property to seize Will the debt go away?
- received an inheritance from a relative
- Buy a new house or car
- Have increased income
- Receive dividends or insurance claims
5 steps for dealing with a credit card lawsuit
-Keep calm and read the subpoena carefully— Check debt balance, appointment date, and attached documents.
- Contact creditors before the court date— Try to negotiate a debt settlement before filing a lawsuit. Some banks may be able to settle out of court.
- Go to court every time for your appointment- Whether there is money to pay or not Participating in the consideration is to maintain your own rights.
- Attempt to negotiate mediation—request a reduction in interest, request an installment payment, or request a reduction of the principal balance.
- Follow the agreement strictly - If you agree to pay in installments Don't default again. because they will be immediately prosecuted
Frequently asked questions (FAQ)
Will I be sued and go to jail?
If you don't go to court, will the bank immediately come and seize your house?
If you move house, will the bank find you?
The case has been enforced. When will the debt disappear?
If you don't have any assets, what should you do?
summarize