Bangkok Legal Service

Article 8. Compensation amounted to 80,000 baht. However, Mr. Keng did not have funds to pay. Mr. Heng subsequently requested Mr. Keng to pay the compensation by transferring the claim rights to the debt owed by himself and due for payment in 7 days ahead. Mr. Keng and Mr. Heng therefore executed a transfer of claim rights document. Before the deadline for payment of the transferred claim rights passed, 3 days. Mr. Keng informed Mr. Kaew and went to receive the vehicle back. However, Mr. Heng refused to return it, stating that he would return it once Mr. Kaew had received it. Given the above facts, please adjudicate the rights and obligations of Mr. Keng, who has rights and obligations towards each other, and when the payment is due, Mr. Heng will be able to sue whom to pay the debt to him as stated.

The fact that Mr. Keng did not pay the compensation for Mr. Heng’s vehicle constitutes a right to hold until compensation is received according to the Civil and Commercial Code. Subsequently, Mr. Heng accepted the transfer of claim rights to the debt of 70,000 baht owed by Mr. Keng to Mr. Kaew as compensation. Although this amount was less than the compensation, the creditor accepted payment of the debt in lieu of other payment methods agreed upon between Mr. Keng and Mr. Heng, which had been suspended according to Section 3 of the Civil and Commercial Code. Mr. Heng had no right to seize or detain Mr. Kaew’s vehicle once he had received payment from Mr. Kaew.

Regarding the issue that when the debt was due, Mr. Kaew was unable to pay the debt, Mr. Heng could sue Mr. Keng for damages to the vehicle’s defect, but he could not sue for the amount of vehicle compensation according to Section 322 of the Civil and Commercial Code, as the original vehicle compensation debt had been suspended. In addition to 80,000 baht, the debt claimed by the claimant received the transfer according to the Civil and Commercial Code, Section 2132oo, the parties were legally married. Subsequently, Mr. Mak