LEGAL ANALYSIS OF DEBT COLLECTION PRACTICES UNDER THE DEBT COLLECTION ACT B.E. 2558

Abstract

This study aims to analyze the enforcement issues of the Debt Collection Act B.E. 2558 (2015), particularly in cases where the offender is a natural person or a juristic person, which directly affects the determination of liability and criminal penalties. The key problems identified include the inappropriate timing and frequency of debt collection contacts, which may infringe upon the debtor’s personal rights, and the inadequacy of penalty provisions to effectively deter or prevent violations. Based on the analysis, it is proposed that Section 9 be amended to redefine the permissible contact hours to Monday through Friday from 09:00 to 18:00, and on public holidays from 09:00 to 12:00, with a maximum of three contact attempts per day. This aims to protect the debtor’s personal rights more appropriately. Furthermore, it is recommended to increase the fines stipulated in Sections 36, 37, and 44—quadrupling the penalties for natural persons and doubling them for juristic persons—to enhance compliance and deterrence. The study also suggests incorporating provisions for “measures of safety” under the Criminal Code, such as occupational prohibitions or bail conditions, applicable to natural persons who commit offenses. Prosecutors or injured parties should be empowered to petition the court to impose such measures, with clear factual grounds stated in the complaint. These proposed amendments would improve the effectiveness and enforceability of the law, reduce violations of personal rights, and promote fairness in the debt collection process.