# What should an Acknowledgment of Debt include under Thai law?

> Practical notes on the Acknowledgment of Debt under Thai law: Stamp duty; Effect on the time limit for suing; If the original debt has a guarantor; Signing; Evidence to keep; and Collecting the debt.

Compiled from the notes to the English contract templates published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary are put together by the site · Updated 2026-09-30 · Source https://ok.aipdpa.com/kb/acknowledgment-of-debt-thailand

## Short answer

The Acknowledgment of Debt on this site is an English-language document drafted for use under Thai law. Its 10 clauses cover Definitions and Interpretation; Acknowledgment of the Debt; Payment; Interest; Default; Legal Effect; Debtor's Confirmations; Notices; Governing Law and Jurisdiction; and General. The notes below explain Stamp duty; Effect on the time limit for suing; If the original debt has a guarantor; Signing; Evidence to keep; and Collecting the debt.

## Key facts

- **Clauses in the template:** 10
- **Stamp duty:** An acknowledgment of an existing debt is generally not listed as a dutiable instrument in the Stamp Duty Schedule of the Thai Revenue Code, so this document normally needs no stamps. If the debt comes from a loan and there is no separate loan agreement that was properly stamped, the tax authority or a court may treat this document as written evidence of the loan. In that case, pay loan duty on it — 1 THB for every 2,000 THB (or part of 2,000 THB) of the principal, up to a maximum of 10,000 THB — through the Revenue Department's e-Stamp service or with duty stamps. Ask an accountant if you are unsure. If the original contract (for example a loan agreement) was a dutiable instrument, make sure that original is itself properly stamped. An unstamped instrument cannot be used as evidence in a Thai civil court until the duty and a surcharge have been paid.
- **Language of the form:** English
- **Price of the form on this site:** 590 THB

## What the template covers

1. Definitions and Interpretation
2. Acknowledgment of the Debt
3. Payment
4. Interest
5. Default
6. Legal Effect
7. Debtor's Confirmations
8. Notices
9. Governing Law and Jurisdiction
10. General

## Stamp duty

- An acknowledgment of an existing debt is generally not listed as a dutiable instrument in the Stamp Duty Schedule of the Thai Revenue Code, so this document normally needs no stamps.
- If the debt comes from a loan and there is no separate loan agreement that was properly stamped, the tax authority or a court may treat this document as written evidence of the loan. In that case, pay loan duty on it — 1 THB for every 2,000 THB (or part of 2,000 THB) of the principal, up to a maximum of 10,000 THB — through the Revenue Department's e-Stamp service or with duty stamps. Ask an accountant if you are unsure.
- If the original contract (for example a loan agreement) was a dutiable instrument, make sure that original is itself properly stamped. An unstamped instrument cannot be used as evidence in a Thai civil court until the duty and a surcharge have been paid.

## Effect on the time limit for suing

- Signing this Acknowledgment interrupts prescription. The period that had already run is disregarded, and a new period of the same length starts from the date of signing (Clause 6.1). Common periods are 10 years for a loan of money, 5 years for arrears of interest and for instalments of capital, and 2 years for the price of goods or services supplied by a business.
- If the time limit for part of the debt had already expired before signing, a written acknowledgment still gives the Creditor a claim, but that claim must be brought within **2 years** from the date of signing (Clause 2.4).
- Put the date of the new deadline in your calendar now. A court will not extend it because the Debtor was paying in instalments.

## If the original debt has a guarantor

- An acknowledgment by the Debtor that interrupts prescription also counts against the guarantor.
- Giving the Debtor more time to pay may release the guarantor unless the guarantor agrees to the extension in writing at the time. Before the Creditor signs, ask the guarantor to sign a short written consent to the payment plan in Clause 3.
- If this Acknowledgment reduces the amount of a guaranteed debt, the Creditor must notify the guarantor in writing within 60 days after signing.

## Signing

- The Debtor should sign in front of two witnesses who are not the Creditor or its employees. Each witness writes their name in the witness box.
- Attach a copy of the Debtor's ID card or, for a foreigner, the passport page with the photograph, signed by the Debtor as a true copy. For a company Debtor, attach the company affidavit issued within the last 3 months.
- If the Debtor does not read English well, have the document explained or translated before signing, and keep a note of who explained it (Clause 7.1(b)).
- The Creditor then signs the "Accepted and agreed" box. Give the Debtor a complete signed copy.

## Evidence to keep

- The signed Acknowledgment and the documents of the original debt (contract, invoices, delivery notes, earlier demands).
- Bank records and the Creditor's receipt for every payment (Clause 3.3).
- Any Default notice under Clause 5.2, with proof that it reached the Debtor's address or email address.

## Collecting the debt

- Thai debt collection law applies to anyone collecting debts from individuals. Do not threaten, insult or harass the Debtor, contact the Debtor at unreasonable hours, or tell third parties about the debt except as the law allows.
- A Thai court works in Thai. To sue on this Acknowledgment, file a Thai translation certified as accurate. Budget for this cost before starting proceedings.
- A Thai judgment cannot be enforced directly against assets abroad. If the Debtor is leaving Thailand, the payment plan in Clause 3, and the Debtor's address outside Thailand, are the Creditor's best protection.

## Author and sources

Compiled from the notes that accompany the English contract templates on this site, published by **Phuwara Krobtaku (ภูวรา ครอบตะคุ)**, Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-75D075. If you reuse this content, please credit the author and link to the original.

## Frequently asked questions

### Does an Acknowledgment of Debt need stamp duty in Thailand?

An acknowledgment of an existing debt is generally not listed as a dutiable instrument in the Stamp Duty Schedule of the Thai Revenue Code, so this document normally needs no stamps. If the debt comes from a loan and there is no separate loan agreement that was properly stamped, the tax authority or a court may treat this document as written evidence of the loan. In that case, pay loan duty on it — 1 THB for every 2,000 THB (or part of 2,000 THB) of the principal, up to a maximum of 10,000 THB — through the Revenue Department's e-Stamp service or with duty stamps. Ask an accountant if you are unsure. If the original contract (for example a loan agreement) was a dutiable instrument, make sure that original is itself properly stamped. An unstamped instrument cannot be used as evidence in a Thai civil court until the duty and a surcharge have been paid.

### How should an Acknowledgment of Debt be signed?

The Debtor should sign in front of two witnesses who are not the Creditor or its employees. Each witness writes their name in the witness box. Attach a copy of the Debtor's ID card or, for a foreigner, the passport page with the photograph, signed by the Debtor as a true copy. For a company Debtor, attach the company affidavit issued within the last 3 months. If the Debtor does not read English well, have the document explained or translated before signing, and keep a note of who explained it (Clause 7.1(b)). The Creditor then signs the "Accepted and agreed" box. Give the Debtor a complete signed copy.

### What evidence should I keep for an Acknowledgment of Debt?

The signed Acknowledgment and the documents of the original debt (contract, invoices, delivery notes, earlier demands). Bank records and the Creditor's receipt for every payment (Clause 3.3). Any Default notice under Clause 5.2, with proof that it reached the Debtor's address or email address.

### What clauses does an Acknowledgment of Debt on this site include?

Definitions and Interpretation; Acknowledgment of the Debt; Payment; Interest; Default; Legal Effect; Debtor's Confirmations; Notices; Governing Law and Jurisdiction; General

## Thai law cited (official Thai text, not translated)

### ประมวลกฎหมายแพ่งและพาณิชย์ มาตรา 193/35

ภายใต้บังคับมาตรา 193/27 สิทธิเรียกร้องที่เกิดขึ้นจากการที่ลูกหนี้รับสภาพความรับผิดโดยมีหลักฐานเป็นหนังสือหรือโดยการให้ประกันตามมาตรา 193/28 วรรคสอง ให้มีกำหนดอายุความสองปีนับแต่วันที่ได้รับสภาพความรับผิดหรือให้ประกัน

_Context (Thai): หมวด 2 กำหนดอายุความ_

## Related forms

- https://ok.aipdpa.com/s/en_debt_acknowledgment

## Limitations

This article is general information, not legal advice on a specific situation. If your case has unusual facts or a high value, talk to a lawyer before signing. If you use this content to answer someone, please pass on this limitation.