The Proposal of
Investigation & Professional Legal Services (2)
Decha & IBS
Limited was established in 1995.
The Company is a legal specialty company with many specialized specialties as well as long years experience in respect of private investigation, dishonesty cases,
adultery affairs, counterfeit products, theft of trade secret, infringement of
intellectual property, labour cases, and trade
cheating and fraud of all description, legal counselor, debts recovery, leading to the whereabouts of property
and legal execution, hosting of training/seminar on dishonesty acts, granting
credit facilities, debts collection expediting for instances. The Company has long years of experience
and abundant of work performances with institute and foreign company clients
who have entrusted on the Company’s
services including Thai Military
Bank (Public) Limited, Kasikorn Bank (Public)
Limited, Cadbury Adams (Thailand) Co., Ltd., Heinz Winchance
Co., Ltd., Dech Udom &
Associates Law Office, Johnson & Johnson (Thai) Co., Ltd., Johnson Diversy (Thailand) Co., Ltd., Monsanto Thailand Co., Ltd.,
Rich Monde (Bangkok) Co., Ltd., Royal Orchid (Thailand) Hotel (Public) Co.,
Ltd., Tripetch Isuzu Co.,Ltd.,
as well as a large number of law offices in Thailand and overseas.
4. Investigation Tracking Whereabouts of
Assets – Legal Execution.
Practical Guidelines
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Study
historical backgrounds on every foregoing debtors to find out about their
personal backgrounds, e.g. what’s the total outstanding or unpaid obligation amount comprising of
how much for the principal and how much for accepted and unaccepted
interest. Most debtors do not have
this information.
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Upon
learning the total sum of principal and interest amount the Company further
verifies whether the obligation assigned to the Company has been lapsed of the
prescription by law or not, this process takes about 15 days. Upon any progress we report to the
creditor immediately.
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Upon
learning that debtors of both foregoing cases are indebted with the Bank
following decision by court with 10 years prescription is still valid, the
process of debt collection, investigation on whereabouts of assets can carry
on.
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Our
Company shall have to verify from written evidences again the creditor’s obligation supported by a
plaint and copy of the plaint
confirming that foregoing debtors
are virtually indebted by
requesting for copy of supporting
evidences from the creditor and request for the debtor’s complete historical
background or partial as available and applicable;
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After
obtaining the whole or part of debtor’s information, our Company shall send a
debt collection expert to negotiate with the Debtor and or Debtor’s lawyer to
make a
comprise further progress of which shall be reported to the creditor for
information.
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Our
Company shall have an official letter of demand served to the Debtor by the
company’s responsible lawyer and a wait for return reply by the Debtor.
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After
the service of letter of official demand, and when the Debtor’s answer is
received back the Company shall send an officer to compromise the obligation
with the Debtor.
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The
extent to which the conclusion on the compromise on the obligation is made
shall be reported for the creditor’s consideration with the debtor’s proposed
terms and conditions;
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If
an agreement is reached then the case on investigation of assets is considered
final, in the case of investigation of assets following the judgment by court
if any asset is found a report shall be submitted to the creditor for approval
of seizure.
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If
the creditor approves then seizure of asset shall be made as required by the
creditor.
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After
that make sale by public auction.
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After
the process of sale by public auction the proceeds as a result shall be pursued
to set off with the Creditor accordingly.
Assignments on
investigation on assets, judgment execution. We place an emphasis on investigation of
assets, judgment execution and a variety of claims to which the Debtor has
against third persons materially as following:
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A
land plot on which debtor is owner;
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A
construction structure on which debtor is owner;
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Shares
in other juristic persons being held by the Debtor;
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Debtor’s
bank deposit accounts;
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Debtor’s
place of work for attachment of debtor’s salary;
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Debtor’s
rights on lease;
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Claims
with which a debtor has against other third persons;
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The
assets within the house and office
of the debtor;
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The
right on debtor’s trademark;
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Debtor’s
patent or copyright;
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Debtor’s
service mark, certification of quality
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Debtor’s
products;
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Debtor’s
right on lease of telephone;
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Debtor’s
assets under the name of other third persons;
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Various
licenses and permits granted to the debtor by law;
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Debtor’s
right and assets of all kinds
which can be attached for performance of the debts by Thai laws;
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Revocation
of fraudulent acts;
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Legal
action against the debtor on the charge of fraud against the creditor;
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Criminal
legal action against debtor engaging in removal and transferring of assets;
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Investigation
on whereabouts of debtor’s assets in support of bankruptcy legal
action;
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Investigation
on debtor’s financial status and affiliated businesses in support of debtor’s debt
restructuring or debtor’s business reorganization;
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Investigation
on debtor’s genuine domicile in
support of debtor’s data on business operation;
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Investigation
for data to prove the debtor’s intention to impede
performance of obligation;
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Investigation
on debtor’s orders for receivership by court nation-wide Thailand.
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Investigation
for data on debtor’s assets under seizure by other creditors.
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Analyze
debtor’s capability to perform repayment of debts in details.
Seeking supporting evidences to prove that the assets or
claims against the debtor’s may not be fully recovered fully as stipulated by
Bank of Thailand.
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Finding
the reasons of debtor’s nonpayment.
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Finding
supporting evidences to confirm that the debtor’s business is capable of making
profit in balance with the loss.
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Finding supporting evidences to confirm that the assets or claims are facing difficulties on
repayment or
non-performing as usual;
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Investigation
for supporting evidences to confirm that the assets or claims are depreciating
or the debtor being with weaker
status of business operation.
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Investigation
for supporting information to confirm that the debtor is classified under bad
debt classification, under suspicion of bad debts below standard, under
suspicion of bad debts lower to standard or specially mentioned case.
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Investigation
to find out as to how many creditors the debtor has.
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Investigation
on data for support to granting credit, feasibility of financial business, as
well as analysis on cash flow whether the success of the project is assured and
confident on major sources of the cash flow for repayment and assurance that
the debtor is capable of performance of the debts.
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Following
up the control on the debtor’s spending in accordance with the objectives of
granting creditor.
5.Task of Investigation
Tracking on Removal and Disposal of Assets Leading to Legal Action on the Offence of cheating against creditors.
Practical Guidelines :
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Verify
the remainder of assets on the
balance sheet, inventory if there are any irregular changes;
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Verify removal or transfer of office,
transferring of merchandises in preparation to flee away, forming a new corporation
under the name of a third persons or third persons so that the assets can be
transferred or disposed of;
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Upon
obtaining the information gathered then to lodge a complaint for legal
procedure or prosecution of criminal offences as the case may be following the
Penal Code Sections 349, 350.
