Confuscious Posted July 22, 2021 Share Posted July 22, 2021 (edited) 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 July 22, 2021 by Confuscious Clarify 6 Link to comment Share on other sites More sharing options...
Kwasaki Posted July 22, 2021 Share Posted July 22, 2021 Speak to another lawyer about whatever your on about, there's Paragon-nick here who may help forget his real ANF name but that's close. Link to comment Share on other sites More sharing options...
bbko Posted July 22, 2021 Share Posted July 22, 2021 If a crime, lawsuit or court case happens in Thailand, what difference does having or not having a home country address matter? 2 Link to comment Share on other sites More sharing options...
Popular Post Confuscious Posted July 22, 2021 Author Popular Post Share Posted July 22, 2021 1 hour ago, bbko said: If a crime, lawsuit or court case happens in Thailand, what difference does having or not having a home country address matter? The legion of readers who don't understand ENGLISH or don't read the original post are active again ... 8 1 2 4 Link to comment Share on other sites More sharing options...
KannikaP Posted July 22, 2021 Share Posted July 22, 2021 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? 1 1 Link to comment Share on other sites More sharing options...
Confuscious Posted July 22, 2021 Author Share Posted July 22, 2021 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? 1 4 Link to comment Share on other sites More sharing options...
Popular Post bbko Posted July 22, 2021 Popular Post Share Posted July 22, 2021 (edited) English is my first language but your OP is a little confusing, so there's a court order from your home country and you want to know if the case can be handled by the Thai courts? I would think that depends if your home country has an agreement with the Thai government. You might get better answers if you give your home country. I'm from the US and if there was a court order from the US courts why would they allow me to handle it through the Thai court system? It doesn't make sense. Edited July 22, 2021 by bbko 6 Link to comment Share on other sites More sharing options...
Popular Post Puccini Posted July 22, 2021 Popular Post Share Posted July 22, 2021 8 hours ago, Confuscious said: ...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.... There is no such Thai law. The lawyer who told you this is mightily muddleheaded. 4 Link to comment Share on other sites More sharing options...
Popular Post Etaoin Shrdlu Posted July 22, 2021 Popular Post Share Posted July 22, 2021 (edited) 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. Edited July 22, 2021 by Etaoin Shrdlu Content 11 1 Link to comment Share on other sites More sharing options...
KannikaP Posted July 23, 2021 Share Posted July 23, 2021 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. 1 1 Link to comment Share on other sites More sharing options...
Popular Post NancyL Posted July 23, 2021 Popular Post Share Posted July 23, 2021 OP, I doubt that you actually live at the U.S. Embassy, but rather have an APO address and pick up your mail at the Embassy. Depending on the type of court order you're facing from your home country, presumably the U.S., you may find that the next time you need to renew your U.S. passport, you may not be able to do so. 3 Link to comment Share on other sites More sharing options...
thonglorjimmy Posted July 23, 2021 Share Posted July 23, 2021 17 hours ago, Confuscious said: What has this to do with my OP? Because you mentioned it in your OP, despite the fact you went on to explain it, well sort of. Link to comment Share on other sites More sharing options...
Nanaplaza666 Posted July 23, 2021 Share Posted July 23, 2021 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 . 1 1 1 Link to comment Share on other sites More sharing options...
KannikaP Posted July 23, 2021 Share Posted July 23, 2021 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. 2 1 Link to comment Share on other sites More sharing options...
Nanaplaza666 Posted July 23, 2021 Share Posted July 23, 2021 8 hours ago, KannikaP said: From your OP Officially, I have my residence at the Embassy in Bangkok. RESIDENCE ADRESS NOT RESIDENCE 1 2 Link to comment Share on other sites More sharing options...
Popular Post Nanaplaza666 Posted July 23, 2021 Popular Post Share Posted July 23, 2021 1 minute ago, KannikaP said: 'Officially, I have my residence at the Embassy in Bangkok' is what it said each time I read it. Yes but if you read it you would understand he means his residence adress , don't be an ant !@#$ , you are better then that KannikaP . 1 1 1 2 Link to comment Share on other sites More sharing options...
ifmu Posted July 23, 2021 Share Posted July 23, 2021 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 ... 1 1 Link to comment Share on other sites More sharing options...
Confuscious Posted July 23, 2021 Author Share Posted July 23, 2021 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. 1 1 Link to comment Share on other sites More sharing options...
Almer Posted July 23, 2021 Share Posted July 23, 2021 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. 1 Link to comment Share on other sites More sharing options...
Etaoin Shrdlu Posted July 23, 2021 Share Posted July 23, 2021 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. Link to comment Share on other sites More sharing options...
Confuscious Posted July 23, 2021 Author Share Posted July 23, 2021 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. 1 1 Link to comment Share on other sites More sharing options...
saakura Posted July 23, 2021 Share Posted July 23, 2021 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. Link to comment Share on other sites More sharing options...
Popular Post thailand49 Posted July 23, 2021 Popular Post Share Posted July 23, 2021 (edited) On 7/22/2021 at 3:35 AM, Confuscious said: The legion of readers who don't understand ENGLISH or don't read the original post are active again ... You might want to change your handle from Confuscious to Confusion because your post doesn't make a lot of sense to me and what seem to be for lot of others. If you don't actually live at the Embassy it is unwise to be using their address since Embassy aren't in the habit of receiving mail for their citizen are you expecting to receive a warrant from your country depending on the charges there is something major you have left out in your original post. For example if you are being charged for murder and you think you can have the case heard here you are really confused!???? Based on your post when you spoke to the Thai lawyer in Pattaya I serious don't think he understood much of what you wanted. It has been years but you aren't going to find too many International lawyers here no matter what the sign states. I've interview close to 2 dozen in Pattaya and yet to find one I'm willing to use. Edited July 23, 2021 by thailand49 1 1 3 Link to comment Share on other sites More sharing options...
Autonuaq Posted July 23, 2021 Share Posted July 23, 2021 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. 1 2 1 Link to comment Share on other sites More sharing options...
Etaoin Shrdlu Posted July 23, 2021 Share Posted July 23, 2021 (edited) 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 July 23, 2021 by Etaoin Shrdlu 1 Link to comment Share on other sites More sharing options...
bbabythai Posted July 23, 2021 Share Posted July 23, 2021 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. 1 1 Link to comment Share on other sites More sharing options...
Golden Triangle Posted July 23, 2021 Share Posted July 23, 2021 I think you should go and find a forum that is in your home language, because as much as people want to help we are hindered with comprehending your actual question. 1 1 Link to comment Share on other sites More sharing options...
Popular Post SteveB2 Posted July 23, 2021 Popular Post Share Posted July 23, 2021 Your question is somewhat ambiguous - however, if I understand it correctly, then... I have been there before - here is what you do. Let the court know that you want to travel back home to attend the court hearing, but (sob,sob,sob) "you don't have the funds to travel", and "have no where to stay and no one to take care of you" in their juristiction. Kindly request that the court in your home country advances the monies necessary to buy a return air ticket, buy food, rent hotel rooms.... and ask where and how they will take care of you. Don't call the Judge a Cnt plus be polite answerring all court documents in a timely manner. Any normal legal case will evaporate and your actions will not be considered contempt of court. Mine did - Cheers! 3 1 1 Link to comment Share on other sites More sharing options...
Confuscious Posted July 23, 2021 Author Share Posted July 23, 2021 (edited) 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 July 23, 2021 by Confuscious Link to comment Share on other sites More sharing options...
Salerno Posted July 23, 2021 Share Posted July 23, 2021 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? 1 Link to comment Share on other sites More sharing options...
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