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Is there a law in Thailand to confirm this?


Confuscious

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16 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.

 

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. 

While it may be possible to have a case adjudicated under a foreign country's law in a Thai court, I think it would be a difficult undertaking for the reasons you mentioned. Also, unless the plaintiff agreed to this, it may not extinguish the claim under the home country's judicial system.

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4 hours ago, BritManToo said:

I'd check to see if your home country has an extradition treaty with Thailand covering the 'offense'.

If not, don't worry and ignore it.

I guess that you don't know what about the court case is handling.
I can not "ignore it" because it means too much for me, but on ther other hand I can not afford to travel to my home country and lose everything I have in Thailand.
Thanks for your reply anyway.

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On 7/23/2021 at 6:16 AM, Etaoin Shrdlu said:

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.

Indeed it is a complex and lengthy process to 'serve' someone internationally in a civil case.

 

It involves the ministry of foreign affairs in both countries and the embassy and police service in the country of 'service' and is very far from a normal or common approach. Someone would only go to this length if it's a matter of huge consequence = big money, in the many millions - the lawyers fees for those who can handle this are going to be very expensive as well.

 

The above process is the kind of thing that would be utilised in a large corporate lawsuit between multi nationals with a team of $500-$1000 an hour lawyers working on it.
 

Edited by ukrules
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7 hours ago, CharlieH said:

 Never fails to amaze me why anyone would make such a post. Its a personal legal issue, only gives a vague half a story, and expects an answer on an internet forum when in reality all it can possibly ever be is pure speculation.

 

You go to a qualified legal professional and get appropriate advice. If you have trust issues then ask for recommendations, that would make far more sense.

Sorry, but I fail to understand why giving out in a public group every single detail will have more chance to get a "to the point" reply to my question?

In a public group there are always "trolls" who have no meaning in life and their only life consists of being a member of a lot of groups where they can be the "fool on the hill".

Sad life waisted.

Legal advice is not free and I would like to know if this is possible in Thailand.

Is Thaivisa not qualified for these questions?

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On 7/22/2021 at 10:10 PM, Confuscious said:
On 7/22/2021 at 5:46 PM, 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?

Well, it's probably untrue, for a start and sheds a doubtful light on your OP.   If you don't live at the address of the embassy your "legal residence address" (whatever that is) cannot be that of the embassy.

 

By the way, there is no Embassy of Bangkok [sic]!

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1 hour ago, Confuscious said:

Legal advice is not free and I would like to know if this is possible in Thailand.

Is Thaivisa not qualified for these questions?

"Is Thaivisa not qualified for these questions?"

Very obviously, not.  It's an anonymous, public forum comprising speculation, personal opinion and half-truths most of the time, provided by unqualified posters.   It is not a legal clinic.

 

You're right about legal advice not being free, though, the only free legal advice will come from sources such as this.   

Edited by Liverpool Lou
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9 hours ago, BritManToo said:

I'd check to see if your home country has an extradition treaty with Thailand covering the 'offense'.

If not, don't worry and ignore it.

Nothing in the vaguely-worded OP lets me assume that the question of an extradition treaty comes into play here, but by all means let us continue this amusing charade on the basis a foreigner of undefined nationality with a court case of an undefined nature against him in an undefined country and the question whether there is a Thai law under which this foreigner can, at his request, have his court case heard and ruled upon in a Thai court because he has his postal address at the embassy in Thailand of the country of which he is a national.

 

Edited by Puccini
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On 7/23/2021 at 5:33 PM, 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.

 

If your case is dealt with it in your absence .... there is a certain time from verdict date   you could contest it a new  because the verdict is done in your absence .

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