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PRAIR THE LAWYERCHAROENPHON PETCHWIJIT LAW OFFICE

Civil & Commercial Litigation

Separating credit-card and cash-advance debt: a partial dismissal on limitation grounds

The claim combined two debt types. After a breakdown was required, the court dismissed the time-barred credit-card portion; the cash-advance balance remained payable.

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What happened

A financial institution sued our client in Phuket for debts arising from both a credit card and a cash-advance facility. The claim combined the amounts without clearly separating the two accounts. That made it difficult to identify which part of the claim was subject to a limitation defence.

What we did

We examined the records and the limitation periods relevant to the two debts. The defence in this case distinguished the two-year period argued for the credit-card debt from the ten-year period for the cash-advance facility.

We filed a defence challenging the lack of clarity in the combined claim and asked the court to require a breakdown of each debt. The claimant then supplied the separate details as directed by the court.

The outcome in this case

The court dismissed the credit-card portion as time-barred. It still ordered the client to pay the outstanding cash-advance balance.

The result was a reduction of the claim, not cancellation of every debt. The periods above describe the issues considered in this matter; the classification of another debt and the events affecting its limitation period would need separate examination.

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