Notarial Protest of Bills of Exchange, Promissory Notes & Dishonoured Cheques for Cross-Border Trade — CCC §§ 898–1011, Cheque Offence Act B.E. 2534, HCCH (in force for Thailand 28 February 2027)

I exported to Europe and the buyer refused a sight bill of exchange — what is the urgent path?

Contact us within 24 hours of dishonour. Workflow: (1) send the original bill + ICC Documentary Collection cover (Form 322 or 533), bill of lading, and invoice via LINE; (2) we verify the time-limit — Protest must occur within 2 business days of dishonour; (3) the bill is re-presented at the Collecting Bank in Thailand if returned; (4) we issue a Notarial Protest + Apostille (HCCH covers all EU states); (5) Notice of Dishonour is despatched within 4 business days; (6) recourse action proceeds in the buyer's forum or ICC arbitration in Paris. Fees สอบถามค่าบริการทางโทร/LINE/อีเมล Apostille. Do not wait for the buyer to pay — that destroys recourse against the avalist bank.

A customer's cheque bounced — can I prosecute immediately, or must I protest first?

You can prosecute immediately under Cheque Offence Act B.E. 2534 § 4 if the cheque was (1) drawn against insufficient funds, (2) subject to stop payment, (3) drawn on a closed account, or (4) post-dated knowing funds would not be available. A Notarial Protest is still useful: it (a) preserves civil recourse against endorsers and avalists, (b) is best-evidence in litigation, and (c) is enforceable abroad via Apostille. We recommend running both tracks — criminal (complaint within 3 months of knowledge, Cheque Act § 5) and civil (Protest + collection action, 1-year limit from dishonour under CCC § 1002).

What does a Notarial Protest cost?

Fixed fee: (1) bill of exchange / promissory note Protest สอบถามค่าบริการทางโทร/LINE/อีเมล depending on the endorsement chain and place of presentment; (2) cheque Protest สอบถามค่าบริการทางโทร/LINE/อีเมล; (3) documentary-collection discrepancy Protest สอบถามค่าบริการทางโทร/LINE/อีเมล; (4) MFA Apostille สอบถามค่าบริการทางโทรศัพท์ / LINE / อีเมล; (5) embassy legalization สอบถามค่าบริการทางโทร/LINE/อีเมล. Turnaround 24–48 h express or 3–5 business days standard. Pre-Protest Review is free for the first 4 hours — if the window has lapsed, we explain the alternatives at no charge.

A USD promissory note used in Singapore defaulted — can a Thai Protest be used there?

Yes, if the place of payment is in Thailand or the maker is resident in Thailand. We issue the Protest in Thailand under CCC §§ 989 + 961. Until the Apostille Convention enters into force for Thailand on 28 February 2027, a Thai-issued Protest is authenticated through MFA Legalization plus the Singapore Embassy channel; from that date the same document can be apostilled at the MFA instead (Singapore has been an HCCH party since 2021, so it accepts apostilles once Thailand issues them). The document is then used at the Singapore International Commercial Court or the Singapore Court of Appeal. If the place of payment is in Singapore, the Protest must be made there by a Singapore notary — we coordinate through our Singapore network; quote on request (phone / LINE / email).

Protest done — what if I still cannot collect?

Recourse paths: (1) Thai civil action for the face amount + default interest (7.5% p.a. or as agreed) + Protest costs; (2) criminal action on cheques only — file at the police station in the drawer's or presentment district; (3) cross-border arbitration per the contract's arbitration clause (ICC / SIAC / HKIAC / THAC); (4) asset tracing — court orders against banks, the Land Department, and DBD records; (5) Mareva injunctions / freezing orders in jurisdictions where the defendant holds assets; (6) award enforcement under the New York Convention 1958 (172 contracting states). We deliver all of this in-house.

If there are multiple endorsers, who do I notify first?

Under CCC § 963 you must notify ALL parties — endorsers, avalists, drawer — within 4 business days of Protest, not in sequence. Any party served late is discharged. We despatch by EMS + email + LINE simultaneously and retain proof of service for each. The holder may then sue any or all of them jointly and severally (§ 967).

An LC issuing bank refused our documentary collection citing discrepancies — can we protest?

Possibly, but be careful — refusal under UCP 600 Article 16 is not direct dishonour of the instrument. Options: (a) reissue documents to cure the discrepancy and re-present; (b) approach the applicant (buyer) for a waiver; (c) if no waiver, protest the bill of exchange drawn under the LC and sue the issuing bank with reference to ICC Banking Commission Opinions; (d) ICC DOCDEX expert determination — fast (60 days) and cheaper than litigation. We handle trade-finance disputes alongside the notarial Protest.

Where can an apostilled Notarial Protest be used?

126 HCCH contracting states, including the US, all EU member states, the UK, Australia, New Zealand, Japan, Korea, Singapore, Hong Kong, China (since November 2023), India, Israel, South Africa, Mexico, Brazil, Argentina, Chile, Colombia, and Peru. Non-HCCH (embassy legalization required): UAE, Saudi Arabia, Egypt, Iraq, Iran, Vietnam, Myanmar, Bangladesh, Pakistan, Sri Lanka. We verify the destination status and required sworn-translation language (Arabic, Vietnamese, Indonesian, Chinese) at the quoting stage.

How does AMLA affect Notarial Protest?

Notarial attorneys are Designated Non-Financial Businesses and Professions (DNFBPs) under AMLA § 13. We perform KYC, source-of-funds review, and file Suspicious Transaction Reports within 7 days where required. We refuse Protest where (1) the transaction pattern indicates cheque kiting or round-tripping, (2) the instrument comes from or is destined for an FATF blacklisted/grey-listed jurisdiction without explanation, (3) the amount is disproportionate to the client's business, (4) beneficial ownership is unclear, or (5) the client is listed under UN/OFAC sanctions.

Why no contingency fees, even on a strong case?

Lawyers Council Code of Ethics § 11 prohibits Thai lawyers from charging fees contingent on outcome, including trade-finance disputes. We use fixed fees plus a success bonus tied to hours saved (not amount recovered), which is permitted. All fees are quoted in writing before work begins.