General information only, not advice on a specific case. Check the version of the law in force.
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Guarantor Liability and Defence in Thailand
Chased or sued as a guarantor — check the notice, void clauses and grounds for release before paying.
Quick answer
The Civil and Commercial Code as amended by the CCC Amendment Act (No. 20) B.E. 2557 protects guarantors in several ways. Section 681/1 makes void any agreement that the guarantor is liable as a joint debtor (Amendment No. 21 of B.E. 2558 carves out juristic persons and those controlling a debtor company). Section 686 requires the creditor to send the guarantor written notice within 60 days of the debtor's default, and section 700 releases the guarantor when the creditor grants the debtor extra time without the guarantor's consent. We review the guarantee, the notice and the payment history before advising whether to negotiate or defend.
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Who this is for
- Guarantors of loans, hire-purchase or employment contracts being chased
- Guarantors served with a court summons
- Guarantors never notified when the debtor defaulted
- Guarantors whose creditor extended time to the debtor without asking
What you receive
- Review of the guarantee for terms contrary to s.681/1
- Check of the default date and the notice date
- Objection letter or repayment proposal
- Defence in a claim against the guarantor
Documents to prepare
- The guarantee and the main contract
- Demand or notice letters received, with dated envelopes
- Any evidence of time extensions or restructuring for the debtor
- Summons and statement of claim, if any
How it works
3-step process
- 1
Review the guarantee
We check the scope of the guaranteed debt and any joint-debtor wording, which may be void.
- 2
Check the deadlines
We compare the default date with the section 686 notice and check for any extension the guarantor did not agree to.
- 3
Plan the response
We choose between negotiating, paying and recovering from the debtor, or defending; the outcome depends on each case's documents.
FAQ
Frequently asked questions
Can the creditor sue the guarantor before the debtor?
Because joint-debtor clauses are void under s.681/1, an individual guarantor keeps the statutory guarantor defences, such as requiring the creditor to pursue the debtor first in some situations; the facts must be checked case by case.
If no notice came within 60 days, is the debt gone?
No. Under section 686, interest and damages that build up between day 60 and the day the notice arrives are not chargeable to the guarantor, but liability for the principal remains.
Does any extension to the debtor release the guarantor?
Section 700 applies to debts payable at a fixed time; the guarantor is released unless they agreed to that extension, so we check whether they signed consent.
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Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Professional review: A lawyer must review the applicable law and facts before use in a real matter. This notice does not establish that this page has been reviewed or certified by a lawyer.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.