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alyx

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Posts posted by alyx

  1. 3 hours ago, watthong said:

    There are and always will be anti-gay bigots. The civilized world stays away from them so don't give them neither berth nor oxygen here. Don't let them take up space on this thread, ie don't engage with them.

     

    Now back to the topic at hand:

    Counting my eggs before they hatch, I'd like to know after getting legally married in Thailand, what the A to Z to get green card and social security benefit for the newlywed spouse? 1) to the embassy and get US marriage license then apply for green card - 2) correspondence with SSA Manila to get the SSA thing started?

    The best way is to get married abroad in person or/and get married via Internet in the US. Then register your marriage. I am not a US citizens but there are plenty of forums about this and, heterosexual or not, the cases are treated the same way  ( FYI I got married both ways ( and I am not a US citizen) , first time during COVID, second time a couple of years later.... two countries in Europe are not as difficult as the others whatever the nationalities and the residency status)

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  2. On 10/27/2023 at 8:37 AM, mfd101 said:

    Good. About time.

     

    (My b/f tells me that when I die - assuming that's before him, which, given his driving skills, is not necessarily how it will be - he won't be able to get the death certificate so he can show it to the Oz Embassy so he can get access to my Oz mini-fortune ie Our Oz civil partnership not recognized in Thailand ... )

    That is correct and not correct at the same time. If death happens at the hospital and he is registered as the caretaker, then he will get the death certificate. If he is not, he may ask the certificate from the caretaker. Now, if he were  "only" your boyfriend, he would have no right whatsoever, and that would be difficult/impossible to get any documents related to such an event. If you are married abroad, it is another matter. Thai Government agencies tend to be lenient when they see a mariage certificate. Of course, not knowing your personal situation, difficult to answer correctly. That being said, it is an Australian matter rather than a Thai one. The Australian Embassy will be informed of that death in any case. I guess the difficult part for your boyfriend will be to reach out to the Australian court or attorney and/or to go there to claim what you will have left him, nothing to do really with him holding the death certificate but it would make things smoother

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  3. 3 hours ago, John Drake said:

    I'm hoping you're right. I don't want to see any changes. Or, if they do, at least allow for the so-called grandfathering clauses. But Big Joke seemed so riled about the "biker gangs" I'm afraid he might push it up to 65 or 70. Probably most people that age can't even handle the weight of a biker gang Harley Davidson.

    I'll tell you next year ... So far I am still up to it ????

  4. Ok...that is theft but what is it called when MEA Thailand send a letter to my home stating that my metre is not working properly therefore they charge me an estimate for the last three months..... whereas nobody has been home since may and the main was shut.

    When contacted, proof in hand, they replied that they will not refund but will put the difference on the next bill: waiting for it ( no apology though)

    What bothers me is that I pay through direct debit and I had left the necessary amounts on my account for a period of six months. 

    Hadn't I checked by chance all payments would have been declines for insufficient funds

    Quite an arbitrary decision that I have never heard of

  5. 32 minutes ago, PaoloR said:

    You have far more faith in the Thai Judicial system than perhaps it deserves. Moods and beliefs are how the system works; along, that is, with facilitation payments!

    I have won cases in Thai courts and lost them as well and am still no wiser after 25 years as to how the system works. It changes from court to court and province to province.

    If you do proceed it is essential, in my opinion, to have a local lawyer who regularly appears in the court and knows the magistrates and clerks of that court. Many local lawyers are not qualified to act in the court so the choice is important and the cost can be quite high!

    I would attempt to go to arbitration in front of a magistrate first. It is non-binding but much quicker and the opposing party usually folds if the magistrate rules in your favour.

     

    Good luck!

    Thank you for this sound advice. I will try to go along these lines if it comes to that

    I appreciate

  6. Hey 

    I am completely dumb when it comes to this, and not only but can anyone help me with creating NFTs.

    My spouse is an artist and was approached by some people interested in his work. Unfortunately they are looking for NFTs.

    I have looked over the net and found articles about how to do the process but I really do not understand anything

    Can anyone assist me, guide me (not leaving comments and advice) with its creation 

    Thanks

    • Haha 1
  7. 12 hours ago, PaoloR said:

    Bear in mind that Buddhist Thais believe they will be re-incarnated so are all cremated - they are unconcerned about their mortal remains.

    Muslims in Thailand regards graves as sacred - so move to a Muslim graveyard - that is if they will let an infidel in, which is unlikely.

    The people with the strongest belief about the sanctity of graves are the Chinese. As far as I am aware there are some Chinese graves in common ground but most of those I see are private property. Probably worth investigating amongst the Chinese community.

    Chances are that in a civil suit you will have a Buddhist judge who will not fully understand your emotional need to be together and may rule against you. It will also be a long, probably depressing and expensive process.

    Good luck!

    I don't share your beliefs but do not dispute your right to live by them.

    Agreed but

    Regarding the other religions none of them had allowed to let us have the use of their cemetery ???? The protestants are the only ones open to other non protestants. 

    From a legal point of view, I would hope that it will be conducted by the booking and not according to the mood and beliefs of some judges as there is clearly a breach of contract. I am pretty sure that a Committee does not have the right to change the terms of a long standing situation ( 5 years after I had "bought"  my plots) .... otherwise we are in for a long fight ....and it can be very long between the first hearing and the Supreme court. Hopefully it will turn all right

     

  8. 7 minutes ago, jcmj said:

    No one would ever visit my grave. Too far and they don’t visit any of our other relatives graves. Most don’t even know where they are anymore. So cremation is still the best bet for me. I hope you find a resolution, but I’m highly doubtful that it will work out as well as you’d like. 

    Well I visit my spouse's grave and it took me despair and luck to buy this plot...and I did to avoid what is about to take place if I do not act 

  9. 11 minutes ago, tandor said:

    in life and in death they will fleece you. Have your beloved exhumed and Cremated and either keep or dispose of her ashes at some pleasant location you both were fond of..change your arrangements to the same..just my thoughts..good luck

    Thanks ...but we do not want to be cremated and...I paid for it ...I just have to wait weigh the odds and see

    • Like 1
  10. 3 minutes ago, Adumbration said:

    The second step (b) you refer to is actually enforcement of their perceived contract terms.  This may be deemed unlawful (not enforceable) if your counsel can prove that annual fees are not part of your contract with the Committee.

     

    How can they seek to enforce a term that is not clearly stated in writing.  Oh we are going to dig every one up because they did not pay an arbitary amount we decide each year....Committees are often used in dodgy practices like this to sheild individuals for personal civil liability and the moral spotlight (that is why there are so many Committes in Thailand).

     

    As a first point of call your lawyer should also request a copy of the Committees incorporation or charter.  That document can then be analysed to see if it provides them with legal footing to charge maintenance fees.

    Agreed 

    It is going to be a long process anyway but I did intend to ask for the minutes of the Committees as well (Mind you they can always backdate new ones )

    Thanks for the support

  11. 1 minute ago, Adumbration said:

    In my edit I raised an additional concern regarding option 3....a new contract (with fees) may of been created when you paid your first extortion installment.

    yes 

    The problem is that I paid a few times.... but no contract was issued and definitely not signed if existing

    Incidentally what I understood is that it is a two step decision a) instalments b) a couple of years later decision to remove the "bad payers"

    Thanks

     

  12. 27 minutes ago, Adumbration said:

    Ok.  You are on your own then.  If someone (or a committee) has you on the hook for an annual payment, but is not willing to document what the payment will be, you are being extorted.  And because it concerns your wife it is a manifest example of emotional blackmail.  

     

    You have four options as I see it:

     

    1. Negotiate and pay a documented and receipted "for eternity" maintenance fee.  You might as well throw a bundle of cash in the woodstove...the outcome will be exactly the same once you have passed.

     

    2. Exhume your wife and move the coffin or have her cremated.  This might give you some comfort.

     

    3. Commence formal Civil legal proceedings.  You have entered into an oral contract, although it is not reduced to writing it is still evidenced by their offer, your acceptance and payment (the receipt), and your wife being in the ground there (Res Ipsa Loquitur).  Do you still have the receipt and any other evidence from back then....a brochure about the plots....text messages....emails...you need to check this and make backups and hardcopys of anything you find.

     

    The court must then turn to the terms (and conditions) of the contract and this is where you may have some footing.  First, how can the commitee introduce a retrospective term to your contract (maintenance fees).  They did not request it is the first few years so clearly it was not a requirement at the commencement of your contract.

     

    Secondly, how can they then introduce a retrospective term that is not clearly defined and documented.  We can charge whatever we want for eternity is not a term of a contract it is extortion.  Even if the court judges that a fee can be charged, it must be reasonable, and how is that possible if the current amount, and future schedule of amounts is not clearly stated in writing.

     

    4. Commence formal Criminal legal proceedings upon the grounds of extortion and blackmail.

     

    Choosing the dumpster is the cheapest option.

    Thanks 

    I do think I have ground (pun intended) for number 3

    Thanks for the advice ...let's see where that takes me in a country where bodies go up in smoke 

  13. 6 hours ago, Adumbration said:

    You are being extorted because you did not heed the two golden rules I adumbrated above.  How can you comply with maintenance fees when there is no written statement regarding what they currently are or what they are going to be in the future.  What you should of requested from the outset was a schedule of the fees and the % increase in those fees p.a. (as used in a commercial lease)

     

    I suspect this situation did not occur by accident, rather, that it is a scam built into the business model of the cemetry

     

    You have now locked yourself into an unsolvable problem unless you chose to exhume your wife and move her.

     

    Or, as I have already outlined above, just accept the fact that three years after you are buried both you and your wife will be in a dumpster.

     

    Of course you could enquire if the cemetery has an option to pay a lump sum "for eternity" maintenance fee upfront for both you and your wife's plot to give you some peace of mind.  But in the shadow of the golden rules there is probably the same chance both you and your wife will end up in the dumpster.

     

    And, as a final point, why are you expected to pay for everything?  Was your wife a childless orphan with no siblings?

    Thanks I am just dealing with the secretary of the Committee I guess. I kind of do find illegal what they are doing and that after a century in use they come up with new regulations without warning anyone (actually it is by chance that I met the secretary who asked me my details to send me the bills: plenty of tombs visited on a yearly basis whose owners are not in touch)

    Regarding the payment, I do not expect anyone to support it as the family could not care less. 

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