Question if i can sue someone

[kralledr]

i did lent a guy who lives in thailand some money, i do have a paper where he confirm that he got the money,

 

he refuse to repay me, can i sue him will the police even care?

[The Deerhunter]

Well:  The police may care if you pay them enough, but strictly legally it is probably a civil matter.  You and he had an agreement. He did not steal it or force you to give it to him.  He now chooses to not keep the agreement.  Not a simple police/crime thing.  Hope it wasn't too much.  Lots of Thais are irresponsible with money, especially when it came from a "rich" farang.  (All Farangs are seen to be rich.)  Try not to do it again.  It frequently (but not always) does not turn out well.  Good luck.

[ukrules]

It's a civil matter, if you want to initiate legal action you need to go to a lawyer.

 

If it's not a large amount of money then you can easily spend more on the lawyer than you will ever recover, especially if the person who borrowed has no assets.

 

If it's a large amount of money and the person is simply choosing not to pay then it might be worth going to a lawyer.

 

[nycjoe]

Loaning money is putting a down payment on a resentment. 

[BoganInParasite]

Treat it as a life lesson investment. Move on, don't do it again.

[NextStationBangkok]

Never help any Thai's who are not a common friend with another Thai.

Even if you/her trust, don't give more than 10,000 baht out out pity.

If any amount is given as loan, better ask him/her to bring one of his/her family member and give money through them.

That would give a witness, and Thai will be committed to pay.

Never give loan if they don't have a own house.

Foreigner's money is considered as extra money for them, they never borrow to give it back.

Always transfer to bank account as evidence, and take a proper contract and signature.

Out of pity, i gave a loan for school fees for a Thai lady about 50,000 Baht, Even though i made paper, account transfer, still that lady try to cheat me.

Only mistake i made is i did not pay thorough her mom, so she thought she don't have to pay back.

Luckily the her mom was a good person, finally i got back all money from her mom. I will never help a Thai again, if anything i just give away small amount.

Edited August 21, 2018 by NextStationBangkok

[NextStationBangkok]

20 hours ago, ukrules said:

It's a civil matter, if you want to initiate legal action you need to go to a lawyer.

 

If it's not a large amount of money then you can easily spend more on the lawyer than you will ever recover, especially if the person who borrowed has no assets.

 

If it's a large amount of money and the person is simply choosing not to pay then it might be worth going to a lawyer.

 

When i enquired, Lawyer's fees is Baht.6000/Hour. One have to think it is good idea to pay for lawyer or get rid of that amount ...

 

There was a British guy interview in BBC. Please check that. OMG!

[BestB]

Depends how much you loaned and if he/she has any assets in Thailand.

 

if no assets and you do win, it’s a civil case, can not be enforced when have nothing to repossess 

[dotpoom]

I watch Court TV sometimes when I'm tired following the news all day.

   I thought it was interesting on one occasion when Judge Judy pointed out to one person that even though she had a signed paper stating that her friend had borrowed money from her....there was nothing could be done when she didn't pay it back....simply because there was not a date mentioned when the money had to be repaid by. The paper only stated that her friend would  pay it back when she had the money.

  To get out of it ..all the friend had to keep saying was .."I don't have the money".

[smotherb]

21 minutes ago, NextStationBangkok said:

Never help any Thai's who are not a common friend with another Thai.

Even if you/her trust, don't give more than 10,000 baht out out pity.

If any amount is given as loan, better ask him/her to bring one of his/her family member and give money through them.

That would give a witness, and Thai will be committed to pay.

Never give loan if they don't have a own house.

Foreigner's money is considered as extra money for them, they never borrow to give it back.

Always transfer to bank account as evidence, and take a proper contract and signature.

Out of pity, i gave a loan for school fees for a Thai lady about 50,000 Baht, Even though i made paper, account transfer, still that lady try to cheat me.

Only mistake i made is i did not pay thorough her mom, so she thought she don't have to pay back.

Luckily the her mom was a good person, finally i got back all money from her mom. I will never help a Thai again, if anything i just give away small amount.

I find a lot of farangs asking for money. No matter who it is, never lend money. If it is your parents, your siblings, your children or even your best friend; however, if you want to, just give it to them. The ones who really care will pay you back. Less heartache that way and you know who to not give money to again.

[stud858]

If it was a huge amount of money then I'd give more advice on how to proceed, having known a foreigner manager here successfully recover money from unpaid coowners.

But all the advice above stands.

I immediately let people know I don't lend and I don't borrow. But if there are other non monetary ways I can help then OK. Like drive you to an ATM or whatever.

 

Having said that, scare him by drawing up a letter through a lawyer and have a lawyer call him to let him know he's starting proceedings with all the usual scare talk. Maybe you can compromise then to get some of your money back over time.

Lawyer letter should be no more than 2000 baht.

Go to your provincial court to find real lawyer though.

Edited August 21, 2018 by stud858

[scorecard]

22 hours ago, The Deerhunter said:

Well:  The police may care if you pay them enough, but strictly legally it is probably a civil matter.  You and he had an agreement. He did not steal it or force you to give it to him.  He now chooses to not keep the agreement.  Not a simple police/crime thing.  Hope it wasn't too much.  Lots of Thais are irresponsible with money, especially when it came from a "rich" farang.  (All Farangs are seen to be rich.)  Try not to do it again.  It frequently (but not always) does not turn out well.  Good luck.

Also plenty of cases of farang lending money to other farang, loan never repaid.

 

 

[Sprigger]

If it’s a geeza invest in a piece of three by two and wait around the corner 

[scorecard]

10 minutes ago, smotherb said:

I find a lot of farangs asking for money. No matter who it is, never lend money. If it is your parents, your siblings, your children or even your best friend; however, if you want to, just give it to them. The ones who really care will pay you back. Less heartache that way and you know who to not give money to again.

Easiest answer is 'I have very little cash, just enough to feed my family' and quickly change the subject. 

 

 

[stud858]

1 minute ago, Sprigger said:

If it’s a geeza invest in a piece of three by two and wait around the corner 

Like two minutes ago I was defending Thai visa forum goers in another thread  that we are all anti bash people.

I'll go back and change my post and add except Sprigger.

 

[oxforddon]

You can make a police report with any and all supporting evidence simply to have something as a first step for a lawyer to act upon or to simply use as a bit of a threat but, as said, it is not a matter for actual police action.

[tubby johnson]

11 minutes ago, Sprigger said:

If it’s a geeza invest in a piece of three by two and wait around the corner 

And if it's a sheila?

[jgarbo]

21 hours ago, ukrules said:

It's a civil matter, if you want to initiate legal action you need to go to a lawyer.

 

If it's not a large amount of money then you can easily spend more on the lawyer than you will ever recover, especially if the person who borrowed has no assets.

 

If it's a large amount of money and the person is simply choosing not to pay then it might be worth going to a lawyer.

 

What does the "paper" say. If it's only a receipt you're toast. Even if it's a promise to repay, it needs a reputable witness, eg police, lawyer, army officer. Don't lend any more money. You don't know how. You're "giving."

[jvs]

1 hour ago, NextStationBangkok said:

Never help any Thai's who are not a common friend with another Thai.

Even if you/her trust, don't give more than 10,000 baht out out pity.

If any amount is given as loan, better ask him/her to bring one of his/her family member and give money through them.

That would give a witness, and Thai will be committed to pay.

Never give loan if they don't have a own house.

Foreigner's money is considered as extra money for them, they never borrow to give it back.

Always transfer to bank account as evidence, and take a proper contract and signature.

Out of pity, i gave a loan for school fees for a Thai lady about 50,000 Baht, Even though i made paper, account transfer, still that lady try to cheat me.

Only mistake i made is i did not pay thorough her mom, so she thought she don't have to pay back.

Luckily the her mom was a good person, finally i got back all money from her mom. I will never help a Thai again, if anything i just give away small amount.

Did the OP mention this guy was Thai?

[Scouse123]

Guys,

 

I have lost large amounts and been cheated of large amounts of cash in my early days in Thailand. I was cheated by both trustworthy foreigners and Thais alike.

 

I no longer lend money and I simply say to them, ' Lend money, we lose friends '  and I add ' If you need money, go to the bank, I am not a bank '   I say it without smiling or friendliness and with a stern face. They never come back and probably approach easier pickings. Don't ever think you are the only ones they have asked and Thailand is full of chancers.

 

All these years in business in the UK and Thailand makes you tough towards these people.

 

When you are alone you should always ask yourself this question '' If I was in a complete mess, would these people help me? " Never has the answer come up as Yes!

 

Those in my immediate orbit such as my other half and two sons in the UK, are looked after by myself but are now in a position to look after themselves through their jobs and work,......... and they do!

[puchooay]

6 minutes ago, jgarbo said:

What does the "paper" say. If it's only a receipt you're toast. Even if it's a promise to repay, it needs a reputable witness, eg police, lawyer, army officer. Don't lend any more money. You don't know how. You're "giving."

The witness can be anyone.

 

I once went to a court about money matters. I was helping a friend with translation.

 

The case got thrown out. The reason was that money ending was deemed as a job. The westerner could not claim as he did not have a work permit.

[ChiangMaiLightning2143]

Neither a borrower nor a lender be,
For loan oft loses both itself and friend,
And borrowing dulls the edge of husbandry.

Hamlet Act 1, scene 3,

[lanng khao]

And if it's a sheila?

4 by 2, there harder.

Sent from my SM-G955F using Tapatalk

[JWRC]

23 hours ago, The Deerhunter said:

Well:  The police may care if you pay them enough, but strictly legally it is probably a civil matter.  You and he had an agreement. He did not steal it or force you to give it to him.  He now chooses to not keep the agreement.  Not a simple police/crime thing.  Hope it wasn't too much.  Lots of Thais are irresponsible with money, especially when it came from a "rich" farang.  (All Farangs are seen to be rich.)  Try not to do it again.  It frequently (but not always) does not turn out well.  Good luck.

Where did it say the recipient of the loan was Thai?

[peterb17]

1 hour ago, BestB said:

Depends how much you loaned and if he/she has any assets in Thailand.

 

if no assets and you do win, it’s a civil case, can not be enforced when have nothing to repossess 

It’s all down to how much you lent - also was the ‘guy’ Thai ? 

 

Its the old saying ‘ never a lender or a borrower be’ 

 

So if it’s a few thousands - forget it . If say a hundred thousand or millions  then yes perhaps you need to find a lawyer ( don’t forget the court will not award your costs ) 

[BestB]

2 minutes ago, peterb17 said:

It’s all down to how much you lent - also was the ‘guy’ Thai ? 

 

Its the old saying ‘ never a lender or a borrower be’ 

 

So if it’s a few thousands - forget it . If say a hundred thousand or millions  then yes perhaps you need to find a lawyer ( don’t forget the court will not award your costs ) 

Actually court will award costs as well but again, if they have no assets then you shit out of luck. 

Edited August 21, 2018 by BestB

[peterb17]

1 minute ago, BestB said:

Actually court will award costs as well but again, if they have no assets then you shit out of luck. 

Apologies- I have only personal experience when suing a landlord for return of a 110,000 baht security deposit - ( was rather good - the landlord ( not Thai) still refused to pay and the court was not happy and threatened arrest and deportation- to be honest it would have been rather good to see his arrogant French arse being escorted to the plane . 

They only awarded the court costs ( 5000) - not the considerable lawyer’s fees

[Spidey]

20 minutes ago, JWRC said:

Where did it say the recipient of the loan was Thai?

Said "lives in Thailand" so, presumably not Thai.

[ScotBkk]

22 hours ago, ukrules said:

It's a civil matter, if you want to initiate legal action you need to go to a lawyer.

 

If it's not a large amount of money then you can easily spend more on the lawyer than you will ever recover, especially if the person who borrowed has no assets.

 

If it's a large amount of money and the person is simply choosing not to pay then it might be worth going to a lawyer.

 

 I personally think he should just beat him up lol

[Spidey]

Just now, ScotBkk said:

 I personally think he should just beat him up lol

In my home town, a baseball bat to the kneecaps was the normal method of debt collection.