bkkheat Posted October 3, 2014 Share Posted October 3, 2014 Hi, I just got paid a cheque (which I have never gotten in about 5 years) off someone who I tried hard to get money out on and was suppose to deposit money into my account, It is a decent amount of money and I am just worried the cheque may bounce. Its a SCB chq and I got a Kasikorn account, how long do you think it will clear if I deposit it today? And what can I do if it bounces? Thanks Link to comment Share on other sites More sharing options...
Totster Posted October 3, 2014 Share Posted October 3, 2014 Here's a thought.. ask the bank? totster 1 Link to comment Share on other sites More sharing options...
TacoHell Posted October 3, 2014 Share Posted October 3, 2014 Just go to scb and cash it. Get money right away. Link to comment Share on other sites More sharing options...
AJBangkok Posted October 3, 2014 Share Posted October 3, 2014 First of all what is the date of the cheque, if it's over 1 year old it's no good - it's expired. If the cheque bounces its a criminal offense in Thailand. You should go see a lawyer and they will advise you how to handle things . Link to comment Share on other sites More sharing options...
JacChang Posted October 3, 2014 Share Posted October 3, 2014 I had some experience regarding this matter. When receiving cheques, make sure the bank branch is in the same "jurisdiction" as where the owner of the cheque resides in or does businesses. I had a phony customer who opened a bkk branch bank account and issues cheques from that bank while residing in some out of province area. You must take the cheque to the "area of residence/business" of the cheque owner and find the police station responsible for that area. The police will then verify the cheque with the corresponding bank, HUGE PROBLEM if the cheque is not in the same province because it makes you run around a lot and police are less willing to do the work. The police will summon the cheque owner, I think if he fails to show up 2-3 times, you can take him to court or he immediately gets arrested, I forgot, years ago. Link to comment Share on other sites More sharing options...
NoBrainer Posted October 3, 2014 Share Posted October 3, 2014 If the cheque was crossed with 2 lines (on an angle across the top left of the cheque) then it can only be deposited to an account in the name that it is made out to. Normally it can clear in one day if the check is good. 2 days max. I am not so sure if it is still a criminal offence to write a bad cheque. I know that was the case some years ago, but I was told that it was decriminalized a few years back. Maybe someone with more knowledge on that subject can chime in with more accurate information. I believe that due to many cases clogging up the criminal courts, that they made it a civil matter now. 1 Link to comment Share on other sites More sharing options...
MYKTHEMIN Posted October 3, 2014 Share Posted October 3, 2014 I had a cheque as a tax refund and it took about 8 days to clear. Link to comment Share on other sites More sharing options...
Nemesis7 Posted October 3, 2014 Share Posted October 3, 2014 If it's from the same region like say both banks are from chonburi read it will take anywhere from a dat to three max, but from out if town upto 7 days max. Yes writing bad cheques is a criminal offense and hard to avoid. Link to comment Share on other sites More sharing options...
NoBrainer Posted October 3, 2014 Share Posted October 3, 2014 Used to be manually cleared (EG they sent the check from say Chon Buri to Samaut Prakan in overnight interbank courier envelopes) which takes even longer if more than one bank is involved. Now all cheques are cleared electronically (they scan and send them through the network) so it is one day clearing. When I write a cheque in Bangkok, it often arrives at my bank in Chon Buri for clearing the next morning. Link to comment Share on other sites More sharing options...
ezzra Posted October 3, 2014 Share Posted October 3, 2014 First of all what is the date of the cheque, if it's over 1 year old it's no good - it's expired. If the cheque bounces its a criminal offense in Thailand. You should go see a lawyer and they will advise you how to handle things . The life of a check in Thailand is 6 months from the date written on it... if it bounced, re submit again and again if need be, if still no money that it could go both way, criminal or civil, depends on the circumstances... either way, it's a headache.... Link to comment Share on other sites More sharing options...
jimmybkk Posted October 3, 2014 Share Posted October 3, 2014 I've just been through the bounced cheque scenario and can confirm it is still a criminal offence in Thailand to issue a cheque which bounces. Keep in mind that you have 3 months from the date the cheque is first returned to your bank to file a criminal case against whoever issued the bad cheque. This is important because the criminal case could result in whoever issued the cheque facing a prison sentence, and so typically that is the leverage you would use to demand payment of what they owe - i.e. "if you don't pay me I will go to the police station and file a criminal case against you which may result in you ending up in jail" and no-one relishes the idea of ending up in a Thai jail. If you miss that 3-month deadline your position is much weaker and your only option is to file a civil case to try to retrieve the funds which can take a long time and will involve lawyers fees, multiple trips to the courts etc. etc... Link to comment Share on other sites More sharing options...
Eneukman Posted October 4, 2014 Share Posted October 4, 2014 <script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script> I had a cheque as a tax refund and it took about 8 days to clear. I received a cheque from my health insurance company. From memory, I was told when I paid the cheque into my account that it would take a similar length to clear - maybe even 10 days. I live in Chonburi and I assume the cheque was issued in another province, possibly Bangkok. This was 3 or 4 years ago so the position may have changed since then. Alan Link to comment Share on other sites More sharing options...
james2m Posted March 21, 2018 Share Posted March 21, 2018 On 04/10/2014 at 3:42 AM, jimmybkk said: I've just been through the bounced cheque scenario and can confirm it is still a criminal offence in Thailand to issue a cheque which bounces. Keep in mind that you have 3 months from the date the cheque is first returned to your bank to file a criminal case against whoever issued the bad cheque. This is important because the criminal case could result in whoever issued the cheque facing a prison sentence, and so typically that is the leverage you would use to demand payment of what they owe - i.e. "if you don't pay me I will go to the police station and file a criminal case against you which may result in you ending up in jail" and no-one relishes the idea of ending up in a Thai jail. If you miss that 3-month deadline your position is much weaker and your only option is to file a civil case to try to retrieve the funds which can take a long time and will involve lawyers fees, multiple trips to the courts etc. etc... I know this is an old post. Got any recommendations for lawyering up in BKK. The last lawyer I dealt with pursuing debtors was as proactive as a sloth. I’ve got a number of pre-dated cheques which have started bouncing so I want to get some proactive help. Link to comment Share on other sites More sharing options...
jimmybkk Posted March 21, 2018 Share Posted March 21, 2018 14 hours ago, james2m said: I know this is an old post. Got any recommendations for lawyering up in BKK. The last lawyer I dealt with pursuing debtors was as proactive as a sloth. I’ve got a number of pre-dated cheques which have started bouncing so I want to get some proactive help. You'd better not take my word for it alone, but if you're within that 90 day deadline period I wouldn't bother with a lawyer yet. I dunno how it is in Bangkok but in Pattaya the cops told us we could make a report with them prior to the 90 days expiry and they would keep it and only file it when we instructed them to do so. If they will allow you to do so I would advise going down that route, if not then just make a prominent note in your diary of that deadline date so that you don't miss your date at the cop shop, and let the debtor know about your intentions. Sorry, can't advise on a lawyer in Bangkok, but if the sums involved are large enough it may be worth splashing out on one of the international law firms. Link to comment Share on other sites More sharing options...
blackcab Posted March 24, 2018 Share Posted March 24, 2018 One thing you need to do is collect the cheque from your home branch and look at the paperwork you get with it. There will be a piece of paper with a numerical reason code that shows why the cheque was not honoured (there are 22 possible reasons). Reason code 1 is insufficient funds. Reason code 11 is payment stopped. If it's reason code 1 then you can go to the police as its a criminal offence to bounce a cheque in Thailand. If it's reason code 11 then don't bother. It's not any kind of an offence to issue a cheque then stop it before the cheque is deposited. This is why personal cheques in Thailand are worthless. Write a cheque, take the goods, phone bank and cancel cheque. Result: Seller has to pay a solicitor to take buyer to civil court which will take about 10 years to get a final judgement. People that tell you it's an offence to write a cheque in Thailand that will bounce are only giving you half of the story - the half that suits them. Link to comment Share on other sites More sharing options...
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