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Is there a law in Thailand to confirm this?


Confuscious

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I live already 20 years in Thailand and I have no address anymore in my home country.

Officially, I have my residence at the Embassy in Bangkok.

A while ago I was talking to a lawyer in Pattaya.

This lawyer said that a foreigner living in Thailand and having his address in Thailand can request, in case of a court order from his country, the case to be handled by a Thai court.

I would like to know if this is true and more important to have a link to the Thai law books stating this.

TIA

 

Edited by Confuscious
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10 minutes ago, Confuscious said:

The legion of readers who don't understand ENGLISH or don't read the original post are active again ...
 

So you live at the Embassy in Bangkok?

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4 hours ago, KannikaP said:

So you live at the Embassy in Bangkok?

I don't live at the Embassy.
But I have my LEGAL RESIDENCE ADDRESS IN THAILAND at the Embassy of Bangkok.
I received a paper from the Embassy stating this when I left my country.
What has this to do with my OP?

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8 hours ago, Confuscious said:

I don't live at the Embassy.
But I have my LEGAL RESIDENCE ADDRESS IN THAILAND at the Embassy of Bangkok.
I received a paper from the Embassy stating this when I left my country.
What has this to do with my OP?

From your OP

Officially, I have my residence at the Embassy in Bangkok.

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21 hours ago, KannikaP said:

So you live at the Embassy in Bangkok?

That's not what he said . READ AGAIN and maybe again and again untill you understand . On the other hand , if the case is really serious i would consider going to court in his country of birth . I bet the punishments and penalties will be less severe .

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1 minute ago, Nanaplaza666 said:

That's not what he said . READ AGAIN and maybe again and again untill you understand . On the other hand , if the case is really serious i would consider going to court in his country of birth . I bet the punishments and penalties will be less severe .

'Officially, I have my residence at the Embassy in Bangkok' is what it said each time I read it.

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23 hours ago, Confuscious said:

The legion of readers who don't understand ENGLISH or don't read the original post are active again ...
 

buddy you have a lawyer  ask him to show you the citation   code number      nobody here is a lawyer we can only guess ...

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11 hours ago, Etaoin Shrdlu said:

Here's what I think the lawyer might have been referring to:

 

If you have no assets in your home country and someone filed a civil suit against you and obtained a judgement for compensation, there would be no assets under your home country courts' legal jurisdiction to attach. It may be possible to engage Thai courts to enforce the home country's judgement and attach assets located in Thailand. This would of course be a lengthy and expensive process involving the Thai courts and nobody would undertake this unless the amount were significant and they had the resources to do it. The issue isn't so much your legal address, but where your assets are located, although there may be issues with serving you with home country legal papers if you don't have a home country address.

 

With respect to criminal law, if the offense were severe enough, your home country's law enforcement agencies could request your extradition from Thailand to stand trial in your home country. This would also likely involve the Thai court system, especially if you wished to fight the extradition request.

 

Rather than rely upon the above, which is not legal advice, you need to either discuss this again with the original lawyer or find another one.

The Court letter is for a family matter.

Nothing important enough or significant enough to request an extradiction.

 

The reason I ask this is because I asked the court in my country if I could hande this case trough an Internet channel (Skype, etc.) as proposed by some posters in the previous post, and the court refused this.

 

This would require me to travel to my home country in a pandemie and risk not being able to return to Thailand (read previous post about this).


Thus losing all my assets in Thailand and maybe be have a hard time to retrieve the money I have in a Thai bank account.

 

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5 minutes ago, ifmu said:

buddy you have a lawyer  ask him to show you the citation   code number      nobody here is a lawyer we can only guess ...

Or go and have a tower of Leo and forget it, sorry i forget no beer on sale, sorry.

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2 minutes ago, Confuscious said:

The Court letter is for a family matter.

Nothing important enough or significant enough to request an extradiction.

 

The reason I ask this is because I asked the court in my country if I could hande this case trough an Internet channel (Skype, etc.) as proposed by some posters in the previous post, and the court refused this.

 

This would require me to travel to my home country in a pandemie and risk not being able to return to Thailand (read previous post about this).


Thus losing all my assets in Thailand and maybe be have a hard time to retrieve the money I have in a Thai bank account.

 

I think you may need a lawyer in your home country to help sort this issue.

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1 minute ago, Etaoin Shrdlu said:

I think you may need a lawyer in your home country to help sort this issue.

Me experience with the local "lawyers" (SHARKS) is that I don't thrust them with case about myself at a distance further than the length of my leg or my arm.

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11 minutes ago, Confuscious said:

Me experience with the local "lawyers" (SHARKS) is that I don't thrust them with case about myself at a distance further than the length of my leg or my arm.

You need to keep them at much more distance, especially with the Delta variant going around. 

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normally you can do this. all depending on the type of address you have. the way you describe it it seem that you have left your country and are now having your residence in Thailand at the Embassy.

 

Under international the Embassy is officially foreign soil to Thailand belonging to the country of the embassy. Thailand has therefore no jurisdiction.

This makes the advice of the lawyer probably wrong and you have to go to your home country. but still you can ask the Thai court if they want to accept the case and rule it under the laws of the country that to Embassy represent. 

 

this also have other implications that you need to translate all documents into Thai language and have this certified en legalized. as well all is done in the Thai language depending on the Court.

 

so yes there is a chance that you can do the case in Thailand.

the problem is the judges as well the lawyer not know the other foreign law system and all that comes with it. 

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52 minutes ago, Confuscious said:

Me experience with the local "lawyers" (SHARKS) is that I don't thrust them with case about myself at a distance further than the length of my leg or my arm.

It seems that your legal issues stem from circumstances in your home country and would need to be resolved there. Lawyers in Thailand would probably not be familiar with your home country's laws and would not be in a good position to give you advice. They would also not be able to represent you in court in your home country.

 

You did not mention whether you are the plaintiff or respondent in the matter, but I suspect you're the respondent in a civil case. I think it would be up to the plaintiff to seek redress under the Thai court system, but I don't know for sure.

 

I think you would be best served by finding a lawyer in your home country that is knowledgeable in family law and seek advice there.

 

Edited by Etaoin Shrdlu
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On 7/22/2021 at 5:35 PM, Confuscious said:

The legion of readers who don't understand ENGLISH or don't read the original post are active again ...
 

That guy should not drink booze and type at the same time. Comprehension problems. 

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4 hours ago, Autonuaq said:

normally you can do this. all depending on the type of address you have. the way you describe it it seem that you have left your country and are now having your residence in Thailand at the Embassy.

Yes

 

Quote

Under international the Embassy is officially foreign soil to Thailand belonging to the country of the embassy. Thailand has therefore no jurisdiction.

I know that.

 

Quote

This makes the advice of the lawyer probably wrong and you have to go to your home country. but still you can ask the Thai court if they want to accept the case and rule it under the laws of the country that to Embassy represent. 

Problem is only the pandemic which would make a return to Thailand (almost) impossible for me if I would go to my home country.
This would imply that I would lose everything I have in Thailand, which I want to avoid.

 

Quote

 

this also have other implications that you need to translate all documents into Thai language and have this certified en legalized. as well all is done in the Thai language depending on the Court.

That would be a minor problem compared to the loss of everything and be impossible to return to Thailand.

 

Quote

so yes there is a chance that you can do the case in Thailand.

the problem is the judges as well the lawyer not know the other foreign law system and all that comes with it. 

Thanks.
The best answer (to the point) yet.

Edited by Confuscious
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7 minutes ago, Confuscious said:

Problem is only the pandemic which would make a return to Thailand (almost) impossible for me if I would go to my home country.
This would imply that I would lose everything I have in Thailand, which I want to avoid.

What would make it "almost impossible" to return from Belgium and why would it mean losing everything you have in Thailand?

 

Surprised this saga is ongoing after your thread, when was it, last Octoberish?

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