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

-         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.

-         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. 

-         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.

-         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;

-         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.

-         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.

-         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.

-         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;

-         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.

-         If the creditor approves then seizure of asset shall be made as required by the creditor.

-         After that make sale by public auction.

-         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:

-         A land plot  on which debtor is owner;

-         A construction structure on which debtor is owner;

-         Shares in other juristic persons being held by the Debtor;

-         Debtor’s bank deposit accounts;

-         Debtor’s place of work for attachment of debtor’s salary;

-         Debtor’s rights on lease;

-         Claims with which a debtor has against other third persons;

-         The assets within the  house and office of the debtor;

-         The right on debtor’s trademark;

-         Debtor’s patent or copyright;

-         Debtor’s service mark, certification of quality

-         Debtor’s products;

-         Debtor’s right on  lease of telephone;

-         Debtor’s assets under the name of other third persons;

-         Various licenses and permits granted to the debtor by law;

-         Debtor’s right and assets of all kinds   which can be attached for performance of the debts by  Thai laws;

-         Revocation of  fraudulent acts;

-         Legal action against the debtor on the charge of fraud against the creditor;

-         Criminal legal action against debtor engaging in removal and transferring of assets;

-         Investigation on whereabouts of  debtor’s  assets in support of bankruptcy legal action;

-         Investigation on debtor’s financial status and affiliated businesses  in support of debtor’s debt restructuring or debtor’s business reorganization;

-         Investigation on  debtor’s genuine domicile in support of debtor’s data on business operation;

-         Investigation for data to  prove  the debtor’s intention to impede performance of obligation;

-         Investigation on debtor’s orders for receivership by court nation-wide Thailand. 

-         Investigation for data on debtor’s assets under seizure by other creditors.

-         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.

-         Finding the reasons of debtor’s nonpayment.

-         Finding supporting evidences to confirm that the debtor’s business is capable of making profit in balance with the loss.

-         Finding  supporting evidences to  confirm that the assets or  claims are facing difficulties on repayment or   non-performing  as usual;

-         Investigation for supporting evidences to confirm that the assets or claims are  depreciating or the debtor being  with weaker status of business operation.

-         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.

-         Investigation to find out as to how many creditors the debtor has.

-         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.

-         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 :

-         Verify the  remainder of assets on the balance sheet, inventory if there are any irregular changes;

-         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;

-         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.