In the age of Facebook, LINE, and Instagram, many frustrated creditors think about “posting to shame” a debtor to force quick payment. It feels easy and satisfying, one screenshot, one angry caption, and all your friends know who hasn’t paid.
But under Thai law, this type of public shaming can be illegal and may turn you (the creditor) into the defendant in a criminal case. In practice, the safer and more effective tool is a proper legal demand letter sent through the correct process.
For more details, see our guide to the debt recovery process in Thailand.
Why posting to shame a debtor can be a crime in Thailand
1. Criminal defamation – Thai Criminal Code sections 326 & 328
Under the Thai Criminal Code, anyone who makes a statement about another person that damages their reputation or exposes them to hatred or contempt may be guilty of defamation.
When defamation is committed “by publication” – for example, by posting text, photos, or screenshots on Facebook, LINE, or other online platforms – section 328 increases the penalty. The court can impose:
-
- Imprisonment up to 2 years, and/or
-
- A fine up to 200,000 THB
So, if you post the debtor’s name, photo, chat history, or accusation like “this person is a cheat, won’t pay their debt,” and other people see it, share it, or comment on it, you may be committing defamation by publication.
Even if you feel you are “just telling the truth,” Thai courts are strict: there is a narrow scope of “good faith opinion” and “legitimate interest” defences, and emotional posts written out of anger often do not qualify.
2. Debt Collection Act B.E. 2558 (2015) – no public shaming
Thailand’s Debt Collection Act B.E. 2558 (2015) was created to prevent abusive collection tactics and protect individual debtors.
Among other things, the Act prohibits creditors and collectors from:
-
- Disclosing the debtor’s debt to unrelated third parties
-
- Using threats, harassment, or shaming methods
-
- Sending open messages that reveal the debtor’s debt status
Posting about a debtor on a public or semi-public social media platform is essentially disclosing their debt to the public, which can fall under the prohibited conduct in section 11 and lead to criminal penalties (including up to 1 year imprisonment and/or a fine up to 100,000 THB, depending on the section applied).
In short:
“Debt shaming” on social media is not a lawful collection method in Thailand – it is a legal risk.
Why a legal demand letter is safer and more effective
Instead of posting online, Thai law expects creditors to use formal, lawful procedures. The central tool here is a legal demand letter.
What is a legal demand letter?
A legal demand letter is a written notice sent to the debtor, usually by the creditor or their lawyer, which:
-
- States the background of the debt (loan, invoice, contract, etc.)
-
- Specifies the amount owed, including due dates and any interest under the contract or law
-
- Formally demands payment within a clear deadline
-
- Informs the debtor that if they fail to pay, you may proceed to legal action (civil case, enforcement, or in some situations criminal complaint)
Because a legal demand letter is sent directly to the debtor (for example by registered mail or official courier) and not posted publicly, it does not disclose the debt to unrelated third parties. This keeps you away from the risks under the Debt Collection Act and defamation law.
Key advantages of using a demand letter in Thailand
Using a well-prepared demand letter gives several benefits:
- Legally compliant
-
- You assert your rights without insulting or shaming anyone.
-
- You reduce the risk of criminal complaints against you for unfair collection or defamation. 2. Creates written evidence
-
- The demand letter, mailing receipt, and any response from the debtor become important evidence if the case goes to court.
-
- This shows the judge that you gave the debtor a fair chance to pay before suing.
- 3. Professional pressure on the debtor
-
- A letter on law firm letterhead often carries far more weight than angry posts on social media.
-
- Debtors know that ignoring a demand letter may be followed by a real lawsuit, not just words.Supports later court action
-
- In many debt cases, sending a demand letter is a practical first step before filing a civil claim for repayment.
-
- It can help with issues like interest calculation, default date, and settlement discussions.
-
- Debtors know that ignoring a demand letter may be followed by a real lawsuit, not just words.Supports later court action
-
-
- You reduce the risk of criminal complaints against you for unfair collection or defamation. 2. Creates written evidence
How to use a demand letter to collect debt lawfully
If you are a creditor in Thailand, a practical, lawful sequence often looks like this:
-
- Gather documents – loan agreement, invoices, LINE chats, bank slips, and any prior payment acknowledgements.
-
- Prepare a clear legal demand letter that:
-
- Identifies both parties
-
- Describes the debt and the legal basis (e.g., loan contract, sale of goods, service contract)
-
- States the precise amount owed and the deadline for payment
-
- Gives a reasonable time limit (for example, 7–15 days)
-
- Warns that you may commence legal proceedings if the debtor fails to pay
-
- Prepare a clear legal demand letter that:
-
- Send the demand letter properly – usually by registered mail with return receipt, or via another verifiable method.
-
- Keep records of everything – copies of the letter, postal receipts, and any replies or partial payments.
-
- If there is no payment, consult a Thai lawyer about:
-
- Filing a civil lawsuit to recover the debt
-
- Enforcing a judgment via asset seizure and execution, if you obtain a court order
-
- If there is no payment, consult a Thai lawyer about:
Throughout this process, avoid:
-
- Public posts naming or shaming the debtor
-
- Threats, harassment, or contacting unrelated family members, employers, or friends to pressure payment
The demand letter should be your main pressure tool – not social media.
FAQ: Debt shaming vs. demand letter in Thailand
1. If my post is true, can I safely post the debtor’s name and story on Facebook?
Not necessarily. Even a “true” statement that damages someone’s reputation can still be criminal defamation, especially if it is not made in good faith and not strictly necessary to protect a legitimate interest. Public shaming of a debtor on social media is extremely risky under both the Criminal Code and the Debt Collection Act.
2. Is a demand letter required before suing in Thailand?
In many debt cases, there is no strict legal requirement to send a demand letter, but it is strongly recommended. It may help with calculating default interest, shows good faith, and is often expected by courts and lawyers as part of a proper debt recovery process.
3. What should a legal demand letter include?
Generally, it should clearly identify the parties, describe the debt and legal basis, state the exact amount owed, set a payment deadline, and reserve your right to start legal proceedings if payment is not made. For significant debts, having a Thai lawyer draft or review the demand letter is usually wise.
4. What if the debtor ignores the demand letter?
If there is no payment or agreement, the next step is usually to evaluate a civil lawsuit for debt recovery and, if you obtain a judgment, to enforce it through the Thai court system. Which route is best depends on the amount, evidence, and the debtor’s assets, and should be assessed with a qualified lawyer.
Conclusion: Use the law, not public shaming
You absolutely can pursue repayment of a debt in Thailand – but you must do it without violating the debtor’s legal rights. Posting to shame a debtor may feel efficient, but it can expose you to:
-
- Criminal defamation charges, and
-
- Liability under the Debt Collection Act
A carefully drafted legal demand letter is a far safer, more professional, and more effective starting point for debt collection. It protects your interests while respecting the law.
Get help with a demand letter in Thailand
This article provides general legal information only and is not a substitute for personalised legal advice. Each case is different.
If you need help:
-
- Preparing or reviewing a legal demand letter in Thailand
-
- Planning a lawful debt recovery strategy without risking criminal charges
-
- Understanding your options under Thai civil and criminal law
You should consult a qualified Thai lawyer.
Lex Bangkok can assist foreign and Thai clients with demand letters, debt negotiations, and court proceedings in a professional, compliant manner.
info@lexbangkok.com