She does not pay me back?

[RyanWalker]

Good day

 

I'm a teacher at an International school in Bkk. I have an issue and maybe someone here has advice. I lent a friend at school quite a lot of money. It's been over a year and she has paid back nothing. I tried everything.. I even suggested to pay me back $100 a month, yet she only has excuses. Nothing I could do here to get back my money legally? 

 

Thanks in advance

 

 

[ukrules]

How much are we talking about? Tens of thousands of dollars?

[Stocky]

7 minutes ago, RyanWalker said:

I lent a friend at school quite a lot of money.

Expensive lesson I suspect. As a rule of thumb in Thailand never lend money unless you're willing to consider it a gift.

[Pilotman]

A 'friend', really? Unless you had a legal contract you can do nothing, bar threats.  Threaten to shame the friend on social media and/or with the school authorities. Threaten to go to the police even if that is a unless course to take.  Your next step is to get nasty.  Stop pleading, get threatening.  

[Pilotman]

2 minutes ago, Stocky said:

Expensive lesson I suspect. As a rule of thumb in Thailand never lend money unless you're willing to consider it a gift.

same all over the world, not just in Thailand  

[CharlieH]

Without paperwork, "he said she said" and basically it never happened.

 

If you try intimidating YOU could be the one behind bars, be very careful how you proceed if at all. Say the wrong thing in the wrong place and you have "defamation" staring you in the face. 

[blackcab]

19 minutes ago, RyanWalker said:

Nothing I could do here to get back my money legally? 

 

No.

 

8 minutes ago, Pilotman said:

Threaten to shame the friend on social media and/or with the school authorities.

 

That's the textbook definition of a defamatory course of action, which is both a civil and a criminal offence in Thailand. Involve a computer, and there's probably a Computer Crimes Act offence in there somewhere as well.

 

If she is not going to pay then that's how it is. Unless you want to throw good money after bad and engage a solicitor who will promise the earth.

[colinneil]

8 minutes ago, RyanWalker said:

Good day

 

I'm a teacher at an International school in Bkk. I have an issue and maybe someone here has advice. I lent a friend at school quite a lot of money. It's been over a year and she has paid back nothing. I tried everything.. I even suggested to pay me back $100 a month, yet she only has excuses. Nothing I could do here to get back my money legally? 

 

Thanks in advance

 

 

Ryan say goodbye to the money, as Charlie says no paperwork, you have no chance of ever seeing the money returned.

If you make an issue out of it, be very careful, defamation is only part of it.

Farang lending money, no farang gave it as a gift, that is the norm here.

Sadly you just have to forget it, move on.

[Pilotman]

5 minutes ago, blackcab said:

 

No.

 

 

That's the textbook definition of a defamatory course of action, which is both a civil and a criminal offence in Thailand. Involve a computer, and there's probably a Computer Crimes Act offence in there somewhere as well.

 

If she is not going to pay then that's how it is.

No its not.  Telling the truth about this transaction on social media. or to the school authorities,  is neither defamatory nor criminal.  It is only either of those things if it is wrong. I also suggested 'threatening' to do it, that may well be enough. 

Edited February 6, 2021 by Pilotman

[Eindhoven]

17 minutes ago, ukrules said:

How much are we talking about? Tens of thousands of dollars?

 

I sense a flippant comment on the way. I hope the OP does not reply to your very obvious intention.

[Whale]

Is it a she and a Thai? Been there. Join the queue, sadly.

[from the home of CC]

even the loansharks here get the cops to be witnesses to the loan transaction. IMO,   unless you are a bank, lending money to anyone is a reflection on intelligence - the lack of..

[blackcab]

8 hours ago, Pilotman said:

No its not.  Telling the truth about this transaction on social media. or to the school authorities,  is neither defamatory nor criminal.  It is only either of those things if it is wrong. I also suggested 'threatening' to do it, that may well be enough. 

 

Unfortunately, you are incorrect. In Thailand, using truth as a defence to defamation is not allowed, unless the Court decides the truth is a matter of public interest. Using truth as a defence to defamation in the case of personal matters, such as the non-repayment of a private loan is, in fact, expressly disallowed.

 

Thailand Criminal Code, Section 330:

 

Truth as a Defence

 

In case of defamation, if the person prosecuted for defamation can prove that the imputation made by him is true, he shall not be punished. But he shall not be allowed to prove if such imputation concerns personal matters, and such proof will not be benefit to the public.

[talahtnut]

I've never known a woman give anything back that she has borrowed from me.

[CharlieH]

14 minutes ago, Pilotman said:

No its not.  Telling the truth about this transaction on social media. or to the school authorities,  is neither defamatory nor criminal.  It is only either of those things if it is wrong. I also suggested 'threatening' to do it, that may well be enough. 

Wrong in Thailand I'm affraid. From our own forum rules.

 

Defamation is the issuance of a statement about another person or business which causes that person to suffer harm. It does not have to be false to be defamatory. Libel is when the defamatory statement is published either in a drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means. Defamation is both a civil and criminal charge in Thailand.
 

[lopburi3]

12 minutes ago, Pilotman said:

No its not.  Telling the truth about this transaction on social media. or to the school authorities,  is neither defamatory nor criminal.  It is only either of those things if it is wrong. I also suggested 'threatening' to do it, that may well be enough. 

Wrong.  Thailand laws indeed do make it illegal, true or not, if it negatively impacts another party.

[orchis]

Inform human resources at the school.

[teacherclaire]

23 minutes ago, CharlieH said:

Without paperwork, "he said she said" and basically it never happened.

 

If you try intimidating YOU could be the one behind bars, be very careful how you proceed if at all. Say the wrong thing in the wrong place and you have "defamation" staring you in the face. 

 

    

Tell her that you'll take all her Hello Kitty things away, and she will pay you back. 

 

As a teacher, you've just learned another lesson.

 

Never lend money to people you don't know well enough to call a friend. 

[lopburi3]

Suspect we are assuming loan was to a Thai but sounds as if it was made to another foreigner as payment was stated in USD.

[RJRS1301]

18 minutes ago, Pilotman said:

No its not.  Telling the truth about this transaction on social media. or to the school authorities,  is neither defamatory nor criminal.  It is only either of those things if it is wrong. I also suggested 'threatening' to do it, that may well be enough. 

Without proof of the transaction, the agreement to repay, the terms of the repayment, then it merely hearsay that the transaction ever occurred

I reckon the poster is well and truly never going to see the money ever again

 

[2530Ubon]

Must be a lot if you want her to pay back 100 bucks a month. Ex-girlfriend by any chance? If it's a Thai teacher, and you like having a job, then leave it. It's gone. If it's another farang, then you've got more options. 

[OneMoreFarang]

37 minutes ago, Pilotman said:

A 'friend', really? Unless you had a legal contract you can do nothing, bar threats.  Threaten to shame the friend on social media and/or with the school authorities. Threaten to go to the police even if that is a unless course to take.  Your next step is to get nasty.  Stop pleading, get threatening.  

But think first if you really want to go that way.

Some people react very aggressive to threads. And then you have to decide if you also want to react aggressively.

Better think it through in advance.

[OneMoreFarang]

22 minutes ago, Whale said:

Is it a she and a Thai? Been there. Join the queue, sadly.

As if farangs in Thailand (or anywhere else in this world) always pay the money back... 555

[ukrules]

10 minutes ago, lopburi3 said:

Wrong.  Thailand laws indeed do make it illegal, true or not, if it negatively impacts another party.

 

The defamation laws are very clear, what's not so clear is whether someone owing someone else money is something which can cause harm...

 

I suspect not as the entire economy is built on credit, a lot of which is never repaid and people are made bankrupt, have vehicles and houses repossessed every day, it's not done in secret to avoid defamation. The property is publicly auctioned and that's somehow not defamation.

 

There is a strategy to offload of a bad debt, you can sell it on to someone else for collection - this is a very common practice all around the world.

 

As a distressed asset it won't be worth as much as the amount stated in the contract but people will buy it.

 

Again it all comes down to how much you're talking about, do you have a contract, how much was it?

 

I've read threads on this forum where people come looking for advice based on lending someone a couple of thousand baht, the course of action (if any) greatly depends on the amount involved.

 

If it's a small amount just forget about it and learn a lesson. If it's a much larger amount then there are options.

[bkk6060]

21 minutes ago, talahtnut said:

I've never known a woman give anything back that she has borrowed from me.

I loaned a girl 200,000 b one time as a down payment on a house she wanted to buy.

She agreed to pay it back in one year.

She did in fact pay it all back in 10 months.

So, it can happen.

 

[teacherclaire]

24 minutes ago, talahtnut said:

I've never known a woman give anything back that she has borrowed from me.

I got a baby back after nine months. 

[OneMoreFarang]

Maybe try first the following:

- Don't ask for your money back. Ask for a written statement that she owes you amount x. If you like to make her sign such a paper maybe you have to agree that you won't ask to get the money paid back maybe for 3 month or so. Just make sure she admits that she owes you. And then get it back later.

- Ask for a postdated check. As far as I know if a check over 50k THB is not paid then the person can go (or maybe even will go) to jail. Maybe she knows that but you can try.

[Kwasaki]

OP unless you're a person who is prepared to to something about it, forget it it's a lesson learned, she obviously weigh you up correctly. 

[PatOngo]

She did'nt render you any services by chance, did she? ???? 

[Jenkins9039]

1 hour ago, RyanWalker said:

Good day

 

I'm a teacher at an International school in Bkk. I have an issue and maybe someone here has advice. I lent a friend at school quite a lot of money. It's been over a year and she has paid back nothing. I tried everything.. I even suggested to pay me back $100 a month, yet she only has excuses. Nothing I could do here to get back my money legally? 

 

Thanks in advance

 

 

Lent a german friend (of 10 yrs) 200,000 THB over the past few years, don't expect to get it back, thats thailand, they would ask for the money if they had it or had other options to get it, just make a decision to loan it with that in mind or don't.