ทนาย EP 7 💥💥15 สิ่งควรระวังเมื่อจะฟ้องคดีเช็ค: เมื่อเช็คเด้งควรฟ้องคดียังไง💥💥

💥💥15 Things to Watch Out for When Filing a Check Case: How to File a Bad Check💥💥 🔥1. File a criminal case (according to the Check Offenses Act B.E. 2534). This criminal case carries a penalty of up to one year imprisonment (the case falls under the jurisdiction of the Provincial Court). 🔥2. Section 4: "Anyone who issues a check to pay a debt that exists and is legally enforceable, with any of the following characteristics or actions: (1) Intentionally preventing the payment of the check. (2) At the time the check is issued, there are no funds in the account for which the check can be paid. (3) Ordering a payment in an amount greater than the amount in the account for which the check can be paid at the time the check is issued. (4) Withdrawing all or part of the funds from the account for which the check can be paid, leaving insufficient funds to cover the check. (5) Fraudulently prohibiting the bank from paying the check. If a check has been legally presented for payment, and the bank refuses to pay the check, the check issuer is guilty of an offense and is subject to a fine not exceeding sixty thousand baht or imprisonment not exceeding one year. Or both a fine and imprisonment." 🔥3. Section 5: "Offenses under Section 4 are compoundable offenses." 🔥4. When the person entitled to receive money on a check (the check holder) learns that the bank refuses to pay the check (thus becoming a victim), Section 2(4) of the Criminal Procedure Code, according to the Act on Offenses Relating to the Use of Checks, the victim must file a complaint within three months from the date of knowledge of the refusal to pay and the identity of the offender; otherwise, the criminal case will be barred by the statute of limitations, Section 96 of the Criminal Code. 🔥5. If a complaint is filed within three months, a lawsuit can be filed within the statute of limitations. Criminal cases involving liability for use of a check, which carry a penalty of up to one year imprisonment, have a statute of limitations of five years, according to Section 95(4). 🔥6. However, if a complaint is not filed within the three-month period, the victim must file a criminal case within three months from the date of knowledge of the refusal to pay. and identify the perpetrator; otherwise, the criminal case will be barred by the statute of limitations under Section 96 of the Criminal Code. 🔥7. The victim must file a complaint under Section 3(1) of the Criminal Procedure Code with the intent to bring the perpetrator to justice. This will be considered a complaint under Section 2(7). This will allow the investigating officer with the authority to investigate under Section 121, Paragraph 2. The complaint must be filed in the area where the offense occurred, claiming or believing it occurred, according to Sections 18 and 19 of the Criminal Procedure Code. 🔥8. Section 7: "If the perpetrator under Section 4 pays the money according to the check to the check holder or to the bank within thirty days from the date the check issuer receives a notice from the check holder stating that the bank has not paid the money according to the check, or the debt for which the perpetrator under Section 4 issued the check to pay the money has expired before the court has rendered a final judgment, the case shall be deemed terminated under the Code of Criminal Procedure." 🔥9. Beware of the right to bring a criminal case, as it is suspended due to the withdrawal of the complaint. (Withdrawal of complaint) or a compromise agreement under Section 39 of the Criminal Procedure Code. Beware of debt conversion under Section 349 of the Civil and Commercial Code, which may prevent further lawsuits from being filed under the Check Act. 🔥10. File a civil lawsuit based on the original debt (the debt that is the basis for issuing the check. Consider the completeness of the debt, its invalidity, the purpose of the original debt, its legality, and its lack of public order or morality). 🔥11. If the original debt is void or voidable and has been canceled, even if the check is subsequently refused for payment, the drawer cannot be sued under the Check Act because there is no legally enforceable debt, according to Section 4 of the Check Act. 🔥12. File a civil lawsuit under the Civil and Commercial Code, Section 988 of the Civil and Commercial Code. A check with complete and substantial content is a check, so it can be sued for liability. If the check is incomplete, Incomplete content will not allow a lawsuit to be filed under the Cheque Act. 🔥13. Compare the pros and cons of filing a lawsuit under the Cheque Act, the original debt, and the Promissory Note Act, particularly regarding the statute of limitations and case types. 🔥14. Filing a lawsuit under the original debt/Promissory Note Act (cheque): If the amount of assets does not exceed 300,000 baht, it is considered a minor case with a court fee of 1,000 baht (the case falls under the jurisdiction of the Provincial Court). 🔥15. Fi...