Recover fully first

When an insurance company says “Go ahead and sue me” – this is real injustice.

Posted on by wongsakornsiri
28
Oct

This sentence reflects the power gap between ordinary victims and large insurance companies equipped with full legal teams.

Key questions are:

  • Why do insurance companies earning billions each year refuse to compensate injured people who are hospitalized and unable to walk normally?
  • Why do they tell victims to “sue us” when they know most people have no legal knowledge, no money, and no time to file a lawsuit?

This becomes a tool of power forcing victims to accept a small settlement and drop the case.

Your Legal Rights Are Greater Than What They Tell You

Under tort law and insurance law, victims have the full right to claim compensation, not just lost income.

Insurance companies (or the liable party) are legally required to compensate for:

1. All medical expenses – including hospital bills, transportation to appointments, physiotherapy, and rehabilitation.

2. Loss of income during recovery – based on actual income, not just “350 baht per day” as some insurers arbitrarily claim.

3. Pain and suffering compensation – for physical pain, disability, or disruption of daily life.

4. Loss of career opportunities – especially for freelancers or self-employed individuals who cannot work.

So if an insurance company says “we won’t pay” or “go sue us,” it doesn’t mean you have no rights, it means they are avoiding responsibility.

Why Do Insurance Companies Dare Victims to Sue?

Because they know:

  • Ordinary people don’t understand legal procedures.
  • They think lawyers are expensive.
  • They feel exhausted and eventually accept a low settlement.

This is why injustice happens repeatedly.

But at Wongsakorn Law Office and Lawyer Arm, we believe truth and people’s rights must come before corporate profit.

A Good Insurance Company Should Take Responsibility — Not Push It Away

Insurance companies are legally obligated to take care of victims fairly, not threaten them or push them into legal battles.

Real people are suffering  lying in pain, unable to walk, losing income.
They should not be left behind just because they don’t have a lawyer.

What Should You Do If the Insurance Company Says “Companies Dare Victims to Sue “ ?

Right after an accident, many people believe the insurer who says, “Let’s talk after you recover.”
This misunderstanding may cause you to lose your rights.

Remember:

  • Insurance companies have lawyers from the moment the accident happens.
  • Every conversation, request for documents, or legal interpretation all are designed to minimize payout.

While citizens fight alone, injured, and uninformed, time is ticking.
So do not wait until you recover; you can have a lawyer immediately after the accident.

Here’s what to do:

1.Don’t sign or accept low compensation. Once signed, you lose your legal right to claim more.

2.Keep every piece of evidence – medical certificates, receipts, messages, conversations with insurers.

3.Consult a lawyer as soon as possible.

If They Say “Sue Us If You Want More” – Don’t Stay Silent

This shows a serious injustice within Thailand’s insurance system.

Insurance companies have lawyers before the accident even happens. It’s time for victims to have lawyers too.

At Wongsakorn Law Office, the Lawyer Arm stands with you from consultation to legal representation to ensure you receive not just “compensation,” but true justice.

General knowledge

What Should You Do If Your Pawned Car Goes Missing? Wongsakorn Law Office – Ready to Provide Full Legal Assistance and Consultation

Posted on by wongsakornsiri
27
Oct

In today’s volatile economy, pawnbroking a car has become a short-term financial solution for many people. However, one issue that car owners often don’t anticipate is when the pawned car goes missing or when they lose contact with the pawnshop or agent. These situations often arise when the car is pawned through unregistered dealerships, unlicensed brokers, or individuals without a permanent business address.

When such incidents occur, many owners panic or hesitate to take legal action; some are even afraid to file a police report because they believe they have no right to do so under the pawn agreement. In reality, car owners still have legal rights and can take legal action to seek justice as long as there is proper evidence and correct legal procedures are followed.

Why Does “Pawned Car Missing” Happen?

Most cases occur when vehicles are pawned with unlicensed pawnshops or individual agents without proper documentation such as a pawn contract, receipt, or written acknowledgment of payment. Over time, these individuals may disappear or become uncontactable and some owners later discover their cars were sold or rented out without consent.

Common scenarios include:

  • Pawning with unlicensed or illegal pawnshops
  • Brokers transferring the car to third parties
  • No written or signed pawn agreement
  • The pawnee selling or transferring ownership without notice

All of these situations may constitute criminal offenses such as misappropriation or fraud, and car owners have the right to pursue legal action.

Relevant Laws Concerning Car Pawning

Under the Civil and Commercial Code (Sections 747–756),
the pledgee (pawn holder) must take care of the pledged property. If the property is lost or damaged, they are liable for full compensation.

Under the Criminal Code, Section 352,
if the pledgee sells or uses the pledged property without authorization, it constitutes embezzlement, punishable by up to 3 years imprisonment or a fine of 60,000 baht, or both.

If the person pawning the vehicle is not the rightful owner or has no legal authorization, their actions may also constitute embezzlement under the same section.

If they sell, transfer ownership, or alter the vehicle with fraudulent intent, the act may amount to fraud or receiving stolen property if the receiver knew the car was obtained unlawfully.

Therefore, if your vehicle has been pawned or sold without your consent, you should immediately file a police report to prevent further loss or illegal transfer.

Can the Person Who Pawned the Car Be Liable Under the Law?

If the person pawning the vehicle is not the real owner or has no legal authorization from the owner, such conduct may also fall under misappropriation of property (Criminal Code, Section 352), with the same penalties as above.

If the vehicle is sold, transferred, or modified with fraudulent intent or to deprive the rightful owner of benefits, it may constitute fraud or even receiving stolen property, if the recipient knew the car was obtained unlawfully.

Therefore, if you discover that your car has been pawned or sold without your consent, or if someone deceived you into transferring ownership and later pawned your car, you should immediately report to the police to prevent further loss or transfer.

What to Do If You Can No Longer Contact the Pawnshop?

This is one of the most common and frustrating situations for car owners.
If the pawn shop closes down, disappears, or changes contact numbers, you should take the following steps:

1.Gather all communication records and documents — such as chat history, transfer receipts, or pawn contracts.

2. File a police report immediately — record the case and pursue legal action for embezzlement or fraud.

3.Check your vehicle’s status with the Department of Land Transport — to see if it has been sold, transferred, or reported missing.

4.Consult a lawyer as soon as possible — a lawyer can review your documents, prepare legal notices, and assist in locating your car.

Why Hire a Lawyer from the Start?

Many victims try to handle the matter themselves, but this often leads to wasted time and lost opportunities to recover the vehicle.
A lawyer can:

  • Verify the identity and location of the pawn holder
  • Draft proper demand or police notification letters
  • Coordinate with the police and related agencies
  • File lawsuits to reclaim your property or compensation
  • Advise you on your legal rights as the car owner

 If Your Pawned Car Goes Missing Contact Wongsakorn Law Office

When facing a missing pawned car case, don’t wait until it’s too late. This is not just about property loss it directly affects your daily life, work, and financial stability.

Wongsakorn Law Office fully understands the distress and frustration of victims. Our experienced lawyers provide complete legal services for cases involving missing pawned cars.

We can assist you if:

  • You pawned your car but cannot contact the dealer or agent
  • Your car was sold or transferred without consent
  • Your car was misappropriated or illegally taken over

Wongsakorn Law Office Professional legal advice and full-scale assistance for pawned car issues. Click >> Contact Us <<

General knowledge

When Your “Photo” Is Used Without Permission – Can You Sue?

Posted on by wongsakornsiri
22
Oct

Today, a “photo” is not just an ordinary image, it’s a form of digital property that carries both personal and commercial value. Many people share their photos online whether it’s selfies on social media or product images for business but a recurring issue is the unauthorized use of photos, especially in harmful or illegal ways, such as:

  • Using your picture to promote online gambling websites
  • Using your image in product advertisements without consent
  • Editing or manipulating your photo to cause defamation or misunderstanding

These acts are not trivial. They constitute a violation of image rights (Right of Publicity / Right of Image) and may even fall under criminal offenses.

Your Right to Your Own Image

Under Thai law, any photograph that clearly shows your face or likeness is considered personal data and part of your right to privacy.
No one can legally publish or use it without your consent whether for commercial purposes (advertisements, endorsements) or public display (websites, social media posts, etc.).

If someone uses your image without permission, especially in a way that harms your reputation, such as appearing on a gambling website or being linked to offensive content you are legally entitled to sue for damages under both civil and criminal law.

Relevant Laws When Someone Uses Your Photo Without Consent

1. Civil and Commercial Code, Section 420

“Whoever willfully or negligently causes damage to another person by an unlawful act shall compensate for the injury caused.”

This means if someone uses your photo and it damages your reputation, job opportunities, or emotional well-being for example, people mistakenly believe you’re associated with a gambling site you may file a lawsuit for damages as a civil tort.

2. Personal Data Protection Act (PDPA)
 Any photo that identifies a person is considered personal data. Using or sharing it without consent violates the PDPA, which carries civil, administrative, and even criminal penalties.

3. Criminal Code, Sections 326 & 328 (Defamation)
 If your image is used in a way that makes people despise or ridicule you such as being edited inappropriately or linked with immoral or illegal content the perpetrator may be prosecuted for defamation by publication, punishable by up to 2 years in prison or a fine up to 200,000 baht, or both.

4. Computer Crime Act, Section 14
 Uploading or distributing your photo online with false or misleading information that damages your reputation may result in up to 5 years imprisonment, a fine up to 100,000 baht, or both.

What Should You Do If You Discover Your Photo Was Used Without Consent?

1. Collect Evidence Immediately
 Take screenshots of the website, post, or ad that used your image including date, time, URL, and context for use as evidence in police or court proceedings.

2. Request Content Removal
 Contact the website owner or platform (Facebook, Instagram, TikTok, Google, etc.) to request content removal. Provide proof that you own the image, such as the original file or post.

3. File a Police Report
 You can report the violation to your local police or the Technology Crime Suppression Division (TCSD). Possible charges include violations of the Computer Crime Act or defamation.

4. Consult a Lawyer for Civil Action
 If the incident caused financial loss, emotional distress, or reputational harm, your lawyer can assess damages and file a civil lawsuit for compensation.

Don’t Underestimate “Just One Photo”

In the digital age, a photo represents your identity, credibility, and social image.
If someone uses your image for illegal advertising or defamation, it not only ruins your reputation but can also lead to serious misunderstanding or criminal implication.

Do not ignore or try to handle it yourself missteps could lead to lost legal rights or missing evidence.

Consult a Lawyer to Protect Your Image Rights

If you find out that your photo has been used on gambling websites, online ads, or manipulated in harmful ways, don’t act alone.
Each case may involve different legal areas criminal, civil, and data protection.

Consulting a lawyer early helps you:

  • Identify which laws apply to your case
  • Prepare proper evidence
  • File for compensation or press charges effectively and lawfully

Wongsakorn Law Office

We have a team of expert lawyers specializing in technology and tort law, ready to assist you in cases involving unauthorized photo use.
Our goal is to ensure you receive justice and full protection of your image rights.

 Don’t let your photo become a weapon against you, let us legally defend your right to your image.

Activity

Certificate Presentation Ceremony for Internship Students from Attawit Commercial Technology College (Accounting Major)

Posted on by wongsakornsiri
22
Oct

On October 17, 2025, Wongsakorn Law Office held a certificate presentation ceremony for internship students from Attawit Commercial Technology College, Accounting Major, to recognize their dedication, determination, and responsibility demonstrated throughout their internship period with the firm.

During the ceremony, Ms. Muttamas Siri, Managing Director of the company, had the honor of representing Mr. Supasit Siri, Managing Director of Wongsakorn Law Office, in presenting the certificates to the three students:

  • Mr. Apisit Pholdongnok
  • Mr. Phiphat Triprom
  • Ms. Suchada Thapthimsai

This internship program represents a meaningful collaboration between Wongsakorn Law Office and leading educational institutions, offering students an opportunity to gain real-world experience, develop practical skills in accounting, legal documentation, and organizational management. Such experiences play a crucial role in preparing students for their future careers.

Wongsakorn Law Office continues to place strong emphasis on supporting the younger generation by creating learning opportunities and promoting a deeper understanding of the legal and business professions in the modern world. This commitment reflects the firm’s vision of nurturing the next generation of professionals who will contribute positively to Thai society.

The firm extends its sincere appreciation to Attawit Commercial Technology College for the trust and cooperation, and warmly congratulates the three students on completing their internship successfully. Wongsakorn Law Office wishes them all the best and continued success in their future endeavors.

Loss of use of vehicle

Does an Insurance Company Have the Right to Choose a Lump-Sum Repair for the Customer’s Car?

Posted on by wongsakornsiri
21
Oct

The answer is “Yes” But not at the expense of the customer’s rights.

When a car accident happens, many insured drivers feel reassured knowing that their insurance company will handle the repair costs. However, what most policyholders don’t realize is that insurance companies can manage car repairs in several ways. One common practice is “lump-sum repair” or “contracted repair,” where the insurer negotiates a fixed amount with a repair shop. This often leads to dissatisfaction among customers who feel their cars were “not restored to their original condition” or “poorly repaired.”

So, does an insurance company have the right to do this?
Legally, yes, they do but that right must remain within reasonable limits and must not cause harm to the insured party. The goal of repairing the customer’s car should be to restore it to its original condition, not to cut costs for the company’s own benefit.

Understanding “Lump-Sum Repairs” in the Insurance Industry

A “lump-sum repair” means the insurer estimates the total repair cost and agrees on a fixed price with a repair shop or service center often without consulting the customer. For example, if your car sustains 40,000 baht in damages, the company might strike a deal with a garage for that amount, leaving you out of the decision-making process.

While this may sound reasonable from a business perspective  as insurers must control costs in practice, this often leads to cost-cutting repairs rather than quality restoration.

Common problems include:

  • Incomplete or substandard repairs
  • Use of second-hand or non-genuine parts
  • Paintwork that doesn’t match the original
  • Or worst of all recurring issues requiring multiple repair attempts

Even though insurers have the right to choose lump-sum repairs, they do not have the right to infringe upon the customer’s legal rights.

The Customer’s Legal Right: “Restoration to the Original Condition”

Under motor insurance principles, repairs after an accident must restore the vehicle to its pre-accident condition.
 That means your car should be as close as possible to its original state in terms of structure, paint quality, safety, and functionality.

If an insurer’s chosen repair method worsens the car’s condition or reduces its quality, that could amount to a “tortious act.”
 An insurer cannot act in bad faith under the contract to the detriment of the insured.

Legally, even though the insurer is a contracting party, this doesn’t grant them unlimited authority over your vehicle.
Customers are entitled to fair, quality repairs that return their property to its original state. Acting solely for the company’s financial gain is not legally justifiable.

Lawyer Arm’s View: “Yes, They Can  But Not at the Customer’s Expense”

Lawyer Arm explains:

“The insurer may have the right to choose lump-sum repairs, but they have no right to cause the customer further harm.”

The insurer’s right to manage operations is protected by law, but it must be exercised in good faith and responsibility  consistent with Section 420 of the Thai Civil and Commercial Code, which states:

“A person who, willfully or negligently, unlawfully injures another is bound to make compensation.”

If the insurer’s repair decision leads to further damage such as mismatched paint, reduced performance, or new mechanical issues that could constitute a tort.

Moreover, a car is not just a financial asset it directly relates to safety. Poor-quality repairs may not only devalue the car but could cause further accidents, making the insurer liable under civil or even criminal law.

Why Should You Consult a Lawyer from the Start?

When an accident occurs, and your car needs repair, the first thing you should do is ask for clarity upfront:
 Where will the repair take place? How will it be handled? Can you choose your preferred repair center?

If you let the insurer take full control of the repair without reviewing the terms, you might end up with a poorly repaired vehicle  and the struggle to demand compensation afterward can cost you both time and money.

Consulting a lawyer early ensures that you:

  • Understand your rights under your insurance policy
  • Know your options regarding repair types
  • Can take legal action if the insurer breaches its obligations

The Insurer’s Right Exists But It Must Be Fair

Ultimately, insurers do have the right to manage repairs, including using lump-sum arrangements.
However, that right must never override the customer’s right to fair treatment.
The car must be restored as closely as possible to its original state, not just “patched up” to save the insurer money.

If you’ve been in an accident, don’t wait until problems arise to seek legal advice.
Consult a lawyer immediately. It’s the best way to protect your rights and ensure a fair outcome.

WongSakorn Law Office

Our team of experienced insurance and compensation lawyers can help you file and pursue insurance claims properly and effectively ensuring you receive the full amount you deserve and that your car is restored to its original condition without compromise.

Let us “restore your rights” just like restoring your car  properly, and completely.

General knowledge

Employee Damages Company Systems: How Can Employers Sue Under Section 12/1? What Are Their Rights?

Posted on by wongsakornsiri
20
Oct

In today’s digital era, every business relies heavily on computer systems, databases, and technology. Damage caused by data loss or system destruction doesn’t just interrupt day-to-day operations it can result in severe business consequences, including the loss of major clients, the collapse of multi-million-baht deals, or long-term reputational harm.

But what if this damage is caused by the company’s own employee? Particularly in cases where a disgruntled employee deliberately damages the system, what legal actions can the employer take?
And how can the employer file a case that falls under Section 12/1 of the Computer Crime Act B.E. 2550 (2007)?

When an Employee Damages the Company’s Computer System?

Suppose Mr. A, an IT staff member responsible for managing the company’s client database, becomes dissatisfied after a dispute with management. Out of anger, he uses his authorized system access to delete the entire client database and changes the login password to lock everyone else out.
The result: all customer data is lost, multi-million-baht business deals collapse, and company operations come to a halt. This isn’t merely a case of “data loss” , it’s a severe blow to the company’s reputation and credibility.

Such an act constitutes a computer-related offense committed by an employee, falling directly under Section 12/1 of the Computer Crime Act.

Understanding Section 12/1 Before Filing a Lawsuit

Reference: Computer Crime Act (No. 2) B.E. 2560 (2017)

Section 12:
 If any offense under Section 5, Section 6, Section 7, Section 8, or Section 11 is committed against computer data or a computer system related to the national security, public safety, economic stability of the country, or any critical public infrastructure,
the offender shall be liable to imprisonment for a term of one to seven years and a fine of twenty thousand to one hundred and forty thousand baht.

If the offense under the first paragraph causes damage to such computer data or computer system,
the offender shall be liable to imprisonment for a term of one to ten years and a fine of twenty thousand to two hundred thousand baht.

If the offense under Section 9 or Section 10 is committed against computer data or a computer system as mentioned in the first paragraph,
the offender shall be liable to imprisonment for a term of three to fifteen years and a fine of sixty thousand to three hundred thousand baht.

What Can the Employer Do?

Employers can pursue both criminal and civil actions as follows:

1.File a Criminal Complaint Under Section 12/1
 The employer can report the case to the police, supported by evidence such as:

o    System access logs

o    Proof of data deletion or alteration

o    Witness statements or written communications showing intent

The offender may face up to 5 years’ imprisonment, a fine up to 100,000 baht, or both.

2.File a Civil Lawsuit for Damages
 The employer can also claim compensation for:

o    Loss of business opportunities

o    Costs to repair or recover data

o    Reputational damage

The employer must prove that the damages were directly caused by the employee’s intentional act.

3.Take Disciplinary Action
 If the employee is still under employment, the company may terminate without compensation, under Section 119 of the Labour Protection Act B.E. 2541, which allows dismissal for serious misconduct causing employer’s damage.

Proving “Intent” Is Key

The court will focus on the employee’s intent.
If the damage was accidental for instance, due to technical error it may not fall under Section 12/1.
However, deliberate actions such as:

  • Deleting critical data,
  • Blocking system access, or
  • Corrupting important files
    clearly demonstrate intent to cause harm and are punishable under the law.

What Employers Must Be Careful About?

Even if the damage is serious, all actions against employees must comply with labor laws.
Wrongful dismissal without sufficient evidence can result in counterclaims.
Also, unauthorized access to an employee’s private accounts could violate personal data protection laws.
Therefore, it is crucial to let a qualified lawyer handle evidence collection and procedural steps from the start.

Why Should Employers Consult a Lawyer Early?

This type of case involves three areas of law:

  • Criminal law (computer-related offenses),
  • Civil law (claims for damages), and
  • Labor law (employee rights).

If handled incorrectly, employers might lose legal advantage or face additional lawsuits.
A lawyer ensures the case aligns properly with Section 12/1 and maximizes the employer’s legal protection.

Don’t Handle It Alone-Consult a Lawyer First

When an employee causes damage to your company’s computer system whether intentionally or in a moment of anger do not attempt to handle it on your own.
 These cases are legally complex, and employees remain protected under labor law.

Consulting an experienced lawyer helps determine:

  • The proper legal charge,
  • How to preserve evidence, and
  • How to file effectively under Section 12/1.

Wongsakorn Law Office offers legal consultation and representation for employers and companies harmed by employee misconduct.
Our team of experts specializes in labor law and computer-related cases ensuring your rights and your company’s interests are fully protected.

👉 Consult our lawyers before taking any action to protect your company’s future.

General knowledge

Should You Claim Compensation from the Insurance Company or the Other Driver After a Car Accident?

Posted on by wongsakornsiri
17
Oct

A Legal Perspective from Lawyer Arm Knowing Where to Start to Get Fair Compensation

Road accidents can happen anytime, whether you’re driving a short or long distance. The resulting damages go beyond just vehicle repairs or property loss; they also include physical and emotional injuries that victims are legally entitled to claim. However, when it’s time to actually make a claim, many people are unsure: Should I claim from the insurance company or from the other driver directly?

According to Lawyer Arm from Wongsakorn Law Office, who has extensive experience handling car accident compensation cases, claiming from the insurance company is often the more practical choice. It is usually faster, more reliable, and more likely to result in fair compensation.

Who is Responsible for the Damages?

After an accident, the first step is to report the incident to the police to record the details and determine fault. Then, check whether the other party has insurance.

If they do, the insurance company will be responsible for covering the damages within the limits of the insurance policy, such as:

  • Repair costs for your car
  • Medical expenses
  • Lost income during recovery
  • Compensation for serious injury or death
  • Other related damages

In these cases, the insurance company must pay compensation on behalf of the insured driver within the coverage limits.

Can You Claim Directly from the Other Driver?

Legally, yes, you can. The person at fault must pay for all damages caused. If the other driver has no insurance or insufficient coverage, you can sue them directly.

However, in practice, this is rarely easy.
You may face challenges like:

  • The other driver denying fault
  • Inability to contact them or lack of assets to enforce judgment
  • Long court procedures to prove the claim amount
  • Even if you win, you may still not get paid if the driver has no money

So, while claiming directly from the other party is possible, it’s often slow and uncertain.

Why Is Claiming from the Insurance Company Better?

Lawyer Arm emphasizes:

“Claiming from the insurance company isn’t necessarily easier, but it’s more reliable because the company is legally obliged to pay and has the financial capacity to do so.”

Insurance companies, especially large, publicly listed ones have legal obligations and reserve funds to handle claims. While documentation and review steps may take time, victims are more likely to receive proper compensation.

Additionally, dealing with a professional insurance claim department makes negotiation smoother, compared to individuals who might avoid responsibility.

What Should You Do Right After the Accident?

When the accident happens, remember this key step:

“Ask which insurance company the other driver uses.”

This information is crucial for filing a proper claim. Then:

1. Get a police report or official record.

2. Notify the at-fault driver’s insurance company that you intend to claim as a victim.

3. Gather documents: repair receipts, medical certificates, bills, photos, and evidence of loss.

4. Negotiate with the insurer’s claim department.

5. If the insurer denies responsibility, you may pursue legal action with an attorney’s help.

Set a Clear Goal: How Much to Claim and From Whom?

Before making a claim, Attorney Arm advises:

“Be clear about how much you want to claim and who is responsible for paying it.”

This clarity helps you plan properly and avoid confusion. For example:

  • Property damage → claim from voluntary insurance (if applicable)
  • Medical costs → may be claimed from both the insurer and compulsory motor insurance (P.A.)
  • Lost income or extra compensation → may require negotiation or litigation

Evidence and Understanding Are the Keys to Successful Claims

Compensation claims rely on both complete documentation and knowledge of legal procedures. If you’re unsure how to proceed, consult an experienced lawyer in insurance and accident cases to help verify coverage, negotiate with the insurer, or file a lawsuit if needed.

The Keys to Successful Claims Talk to a Lawyer Early

“Don’t rush to blame anyone after an accident. First, identify who’s responsible for paying and the best way to claim fair compensation.”

Claiming from the insurance company might take time and paperwork, but it’s the safest and most reliable way to receive compensation. Insurance companies are legally required to pay and have the resources to do so.

Important: Always ask, “Which insurance company is the other driver insured with?” it might be the key to receiving full and timely compensation.

Wongsakorn Law Office provides expert legal services for insurance and accident claims, handled by experienced attorneys who specialize in compensation law.

 Consult our legal team today. Click [Contact Us]

General knowledge

What Is a Notary Public and Why Is It Important in Law?

Posted on by wongsakornsiri
15
Oct

In today’s globalized world where business, travel, and cross-border transactions are increasingly common, documents play a crucial role in confirming rights, duties, and credibility between individuals or organizations.
However, for these documents to be legally recognized across countries, they must be authenticated by an authorized official. In Thailand, that official is known as a Notary Public.

You may have heard of this term when applying for visas, certifying translations, or preparing documents for use abroad. But who exactly is a Notary Public, what do they do, and why are their services essential?
This article will explain in simple terms and introduce the Notary Public service from Wongsakorn Law Office, available across Bangkok and nearby provinces, providing certified documents within one day.

What Is a Notary Public?

A Notary Public in Thailand refers to a licensed lawyer authorized by the Lawyers Council of Thailand to certify documents and signatures for international legal use.

Their role is governed by the Regulations of the Lawyers Council on Document and Signature Certification (B.E. 2557), which allows only trained and certified lawyers to sign and seal documents as Notary Publics.

Main Duties of a Notary Public

A Notary Public is responsible for authenticating various legal documents, including:

1.Signature Certification – Verifying that the person signing is the true owner of the signature, such as for contracts, power of attorney, employment certificates, or invitation letters.

2.Certified True Copies – Confirming that a copy matches the original document (e.g., passport, ID card, house registration, company certificate, or official record).

3.Translation Certification – Certifying that an official translation (e.g., marriage certificate, academic transcript, or contract) is accurate for embassy or foreign use.

4.Power of Attorney Certification – Used when someone abroad authorizes another person to act on their behalf in Thailand (e.g., property transactions, government filings, or banking matters).

5.Affidavit or Declaration Certification – Used in some cases for submission to foreign courts or international organizations.

Why Do You Need a Notary Public?

A Notary Public’s certification confirms the authenticity and legitimacy of both the document and the signer under Thai law making it valid for use abroad.

Without a Notary Public’s endorsement, foreign agencies or embassies may reject or invalidate your document, causing unnecessary delays and expenses.

Common situations requiring Notary Public certification include:

  • Visa or nationality applications
  • Study or work abroad
  • Banking or investment transactions with foreign institutions
  • Cross-border property purchases
  • Overseas company registration or contracts with foreign investors

Difference Between Notary Public and Government Certification

While government agencies such as the Ministry of Foreign Affairs (MFA) also provide document authentication, their process can be lengthy and complex.

A Notary Public, on the other hand, can complete certification within one day, and their endorsement is accepted by most embassies, multinational companies, and international organizations especially before applying for an Apostille or further legalization at the MFA.

In short, a Notary Public is the first essential step to ensure your Thai documents are legally recognized overseas.

How to Choose a Reliable Notary Public

Since unauthorized individuals sometimes pose as Notary Publics, you should always verify that:

  • The certifier is a licensed lawyer authorized by the Lawyers Council of Thailand.
  • The seal includes the lawyer’s full name, registration number, and Notary Public license number.
  • The document is signed and formatted according to legal standards.

Proper certification prevents embassy rejection or document delays.

Wongsakorn Law Office  One-Day Notary Public Service in Bangkok and Metropolitan Areas

Wongsakorn Law Office provides Notary Public services by lawyers officially licensed by the Lawyers Council of Thailand.

Our comprehensive services cover:

  • Signature, document, and translation certification
  • Power of attorney and business document notarization
  • Embassy and international submission certification

We understand that time is crucial for clients using documents abroad.
Simply bring your original documents and ID (or passport) to our office, and you’ll receive Notary-certified documents within one day.

Our legal team will guide you through every step from reviewing your documents and formatting them correctly to preparing for embassy or foreign submissions.

A Notary Public is the key to ensuring your documents are “valid worldwide.”

Whether for business, study, or work overseas, notarization guarantees credibility and international acceptance.

If you’re in Bangkok or nearby provinces and need fast, lawful notarization Wongsakorn Law Office is ready to assist you with complete, accurate, and one-day service.

General knowledge

Which Court Has Jurisdiction? Thailand or China When Foreign Partners Dispute Company Shares?

Posted on by wongsakornsiri
15
Oct

Registering a business partnership isn’t just about completing paperwork. From a legal standpoint, when business partners are from different countries such as a Chinese and a Thai national one key question often arises:
“If a dispute occurs, which country’s court has the authority to decide the case?”
 This article explains the issue in simple terms, with real-world examples that often occur in international business operations.

Case Example: Thai–Chinese Partners with a Company in Thailand but Contract Signed in China

Mr. A, a Chinese citizen, and Mr. B, a Thai citizen, entered into a business contract in China. Later, Mr. A established a company in Thailand and allowed Mr. B to hold some shares, making him a business partner in the Thai company.
As the business grew, Mr. A, the real owner, decided that he should hold all the shares and wanted to sue to reclaim the shares from Mr. B.

This raises the question:
Should the lawsuit be filed in a Thai court or a Chinese court?
 The answer depends on legal principles governing company registration and jurisdiction in each country.

Legal Principle: Jurisdiction (“Which Court Has Authority”)

The first issue to consider is which country the dispute directly concerns. For example:

  • If the dispute relates to the business contract made in China, such as profit sharing or investment terms, then the case falls under Chinese jurisdiction.
  • But if the dispute concerns shares in a company registered in Thailand, regardless of who the shareholders are, it must be filed in a Thai court, as it concerns a Thai legal entity governed by Thai law.

Therefore, if the shares in question belong to a company registered in Thailand, even if the agreement originated in China, the case should be brought before a Thai court.

Importance of Proper Company Registration

This case highlights how proper company or partnership registration directly affects jurisdiction and shareholder rights.

If Mr. A and Mr. B had clearly specified the governing law and jurisdiction clause in their initial contract for instance, naming which court would handle disputes the matter would have been simpler.
However, many business partners overlook this step, forcing courts to later determine where the dispute arose and which court has jurisdiction.

That’s why, when registering a company or partnership, especially one involving foreign investors, it’s essential to have a lawyer experienced in international law review the agreement to prevent future conflicts over jurisdiction and shareholder rights.

Filing a Lawsuit to Reclaim Shares in a Thai Company

In the above case, since the company is registered in Thailand, a lawsuit to reclaim the shares must be filed in a Thai civil court, such as:

  • A petition to remove an unlawfully listed shareholder,
  • A lawsuit to transfer the shares back, or
  • A claim to recover dividends or benefits derived from the shares.

The Thai court will consider the case under the Civil and Commercial Code, along with corporate documents such as the company’s Articles of Association, shareholder list (Bor Chor 5), and proof of share payment.

If Mr. A also claims that the original contract made in China was breached, he may file a separate lawsuit in China, though its judgment will not directly affect the Thai share registry unless formally recognized by a Thai court, a process that can be complex and time-consuming.

Understanding “Two Legal Systems” in Cross-Border Business

International business partnerships require understanding both countries’ legal systems.
For example, if a Chinese national invests in Thailand, Chinese law may impose restrictions on foreign investment or currency transfers. Therefore, having a legal team familiar with both Thai and Chinese law is crucial to structuring the business properly and avoiding legal risks.

Wongsakorn Law Office Your Legal Partner in Thailand and China

If you or your company are facing disputes involving foreign shareholders or shares in a Thai-registered company, consult with a lawyer experienced in company registration and international business law.

Wongsakorn Law Office has a team of experts in both Thai and foreign law including Chinese lawyers based in our firm  who can handle and coordinate cases both in Thailand and China professionally.

Whether your case involves company registration, share transfer, or shareholder disputes,
We’re ready to represent and assist you across both Thailand and China.

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Breath Alcohol Test Result: 13 Mg.% Insurance Refuses to Pay Using the Same Old Excuse of “Retrospective Alcohol Calculation”

Posted on by wongsakornsiri
14
Oct

DUI cases no driver ever wants to face one, especially when they truly weren’t drunk. Unfortunately, that wish rarely aligns with reality. Nowadays, when an accident occurs, drivers are often quickly accused of driving under the influence.
Insurance companies frequently manipulate “retrospective alcohol calculations”, inflating the driver’s blood alcohol level beyond the 50 mg.% legal limit and then refusing to compensate for damages.

At Wongsakorn Law Office, approximately 90% of DUI clients we handle were unfairly accused because insurers retroactively calculated alcohol levels. Even when drivers insist they weren’t drunk, once the reading exceeds 50 mg%, insurance companies automatically deny coverage leaving the driver to face both criminal charges and financial loss.

Case Example: Insurance Company Denies Claim Using the Same Excuse

In this case, the victim had a breath alcohol test result of only 13 Mg.% immediately after the accident. Despite this, the insurance company refused to cover any damages, falsely claiming that the actual alcohol level exceeded 50 Mg.%.

Feeling that this was unfair, the victim filed a complaint with the Office of Insurance Commission (OIC). However, the insurer stood firm and continued to deny responsibility. Exhausted and frustrated, the victim turned to Lawyer Arm, a legal expert in automotive insurance law, who took the case and successfully pursued compensation for the client.

Our office strongly advises victims not to face such cases alone. Consulting a lawyer ensures you’re protected from unfair settlements and the emotional toll of dealing with a DUI accusation especially when you weren’t at fault.

Understanding the Law: 4 Cases Where 20 Mg.% = “Intoxicated”

According to the Ministerial Regulation No. 21 (B.E. 2550) under the Land Traffic Act B.E. 2522, a blood alcohol concentration exceeding 50 Mg.% is legally considered intoxicated.
However, in the following four cases, exceeding 20 Mg.% is already considered “drunk”:

1. Drivers under 20 years old

2. Drivers with a temporary license (2-year license)

3. Drivers holding a license of a different category

4. Drivers with revoked or suspended licenses

While the new traffic laws (2023 revision) clearly define these limits, the most effective prevention remains simple: do not drink before driving. Compliance with traffic laws and awareness of alcohol effects will greatly reduce DUI cases and accidents.

DUI Cases – A Common Legal Battle

DUI insurance disputes are among the most frequent cases we receive. Despite being featured on high-profile media such as #HoneKrasae, insurance companies continue using unfair tactics notably retrospective alcohol calculations to evade payment.

“Retrospective Calculation”  A Questionable Tactic

This tactic involves delaying alcohol testing after the accident, then using the theory that alcohol levels drop by 15 Mg.% per hour to estimate a higher concentration at the time of the accident.
This manipulation has drawn many consumer complaints, as it’s clearly unfair and exploitative toward victims who were not intoxicated.

Many clients find themselves accused of DUI even without drinking at all, labeled as “drunk drivers” with alleged readings above 50 mg%. Such conduct not only harms victims financially but also damages their dignity and trust in the insurance system.

Ultimately, many victims who never intended to file lawsuits end up having to do so simply because insurance companies refuse to take responsibility from the start.

Legal Advice from Wongsakorn Law Office

If you’re in a similar situation where your insurer uses retrospective alcohol calculations to deny payment don’t waste time arguing or handling the claim yourself. Consult an experienced lawyer immediately.
You can reach out to the Lawyer Arm or contact Wongsakorn Law Office directly through our official page, “Law & Motor Insurance.”

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