A check is a type of instrument used to replace the payment of goods or settle non-monetary debt. But can be valued at the price of money Settlement by check, the debtor is deemed to have paid the debt completely only when the creditor can collect the amount paid by the debtor in the check. Check collection The check must be a complete check with complete information, whether it is payment date, amount, signature of check payer. If the case is a name check, the name of the creditor must be correct.
Check collection
The holder of the check or the creditor can bring the check with complete details to proceed with the collection at any bank. And it doesn’t have to be a bank branch that is specified on the check page, for example a check that is required to be collected at Kasikorn Bank. (Siam Square Branch) The check holder can bring the check to collect money into the bank account that he opened in a bank account, such as Siam Commercial Bank. (Siam Paragon branch)
In the case of a check payment and the bank refuses to pay Considered that the check has a problem The holder of the check must proceed to notify the check payer liable for an offense. According to the Act on Offenses Arising from Using Checks, B.E. 2534, Section 4
The prosecution must be reported to the place where the bank refuses to pay the check.
To report the prosecution to the place where the bank refuses to pay, consider from the check to which bank and branch to be billed. Submit a complaint to the local police station where the check bank branch is located, such as a Kasikornbank check (Om Yai branch), the check holder brings the check for collection at Kasikorn Bank (Krathumban branch) and the check is denied payment. If wishing to report the prosecution, the prosecution must be filed in Nakhon Pathom Province.
The case for reporting the prosecution to the police station which is not a place where the bank refuses to pay In the event, it is the investigation official’s discretion whether to receive a notification of the prosecution or not. Usually, the prosecution should be reported to the police at the branch bank where the deposit is located to refuse the payment.
The check case is a criminal case which is a compoundable offense, but the victim (check holder) is required to report the prosecution within 3 months from the date that the bank refuses to pay money, known as “bounce check”. After 3 months, the check payer cannot be prosecuted for criminal prosecution, leaving only the right to civil action for breach of the bills to sue within 1 year.
Check litigation is a criminal case. In addition to notifying the prosecution in the area where the bank has refused to pay the money. Litigation can be selected in two ways:
1 The injured person who is the representative can exercise the right to prosecute himself by hiring a lawyer to prosecute the case, which may bring the case without notifying the prosecution, but must bring the case within 3 months from the date the bank has refused to pay the payment.
2 Notifying the prosecution officer and requesting the public prosecutor to proceed with the case, and the holder of the check may also apply to be a co-plaintiff in the case.