Anybody ever litigated in Thailand?

[SbuxPlease]

Say that you enter a contract with a pool company and make a 50k deposit. The next week he changes this mind and doesn't want to dig pools any more, but feels your deposit was a nice gift and doesn't think he needs to pay you back.

 

Of course the best answer is to not have made the deposit in the first place. But sometimes even reputable parties disagree.

 

How are these type of civil disputes handled in Thailand? Is there a way to handle claims this small?

 

Most legit Bangkok lawyers I've worked with want that much money just to think about looking at the case, so using a lawyer feels like giving it all away a second time. But trying to navigate your way around the district court system yourself with a translator seems like a task that will take so much energy and time that you'd actually pay 50k just to avoid having to expend that amount of work.

 

I guess this probably means the 50k is toast.

[JimTripper]

Don't give deposits may work. Easier said then done.

[norbra]

I have a similar case still open at the criminal court BKK since 2010. The perp keeps telling the court he is too ill to appear.

When the cops are directed by the court to bring him in he provides brown envelop , resulting in cops can't find him!

Yet I can talk to him on his home phone.

[connda]

6 minutes ago, norbra said:

I have a similar case still open at the criminal court BKK since 2010. The perp keeps telling the court he is too ill to appear.

When the cops are directed by the court to bring him in he provides brown envelop , resulting in cops can't find him!

Yet I can talk to him on his home phone.

Hire someone to convince him to appear in court.

[scubascuba3]

lawyer will cost less than 50k, even a threat letter will be a few thousand. If the guys broke its not worth the effort

[SbuxPlease]

26 minutes ago, scubascuba3 said:

lawyer will cost less than 50k, even a threat letter will be a few thousand. If the guys broke its not worth the effort

 

What if we hypothetically say the guy is loaded - not a "hi-so" name but it seems like he might have a side business out of earning revenue from these "deposits"

 

We used to occasionally need to send threat letters in the US - sometimes it worked and sometimes it resulted in getting another threat letter back. Those always relied on the threat that we could sue which might result in him paying attorneys fees or punitive damages, so it's better to sort it out ahead of time. Not sure that Thailand recognizes any of that stuff.

[scubascuba3]

14 minutes ago, SbuxPlease said:

 

What if we hypothetically say the guy is loaded - not a "hi-so" name but it seems like he might have a side business out of earning revenue from these "deposits"

 

We used to occasionally need to send threat letters in the US - sometimes it worked and sometimes it resulted in getting another threat letter back. Those always relied on the threat that we could sue which might result in him paying attorneys fees or punitive damages, so it's better to sort it out ahead of time. Not sure that Thailand recognizes any of that stuff.

If you think he has money maybe go for it, if he had very little it would be like getting blood out of a stone.

 

i talk to a very good lawyer friend of mine regularly about cases, one recently was for a dodgy offplan condo scenario which is kaput, she checked the companies bank accounts, no money, so not worth proceeding 

[Jenkins9039]

18 hours ago, SbuxPlease said:

Say that you enter a contract with a pool company and make a 50k deposit. The next week he changes this mind and doesn't want to dig pools any more, but feels your deposit was a nice gift and doesn't think he needs to pay you back.

Do a criminal case if foreigner ~ inform him before whilst with the lawyers inform his passport will be revoked, he will be held in chains, and his assets will be stripped. (private criminal suit).

 

If Thai get the wife to file a police report and gift 5k.

[The Theory]

Here I never pay in advance. Small amount is ok, but nothing in advance, if they don't like it I'll find an other who takes the job. 

[jippytum]

Our condo management have perused legal action against co owners  at the Thai civil court for between 15/25 ,000 baht fees to conclusion .Sue pool guy via a lawyer in the Thai small claims court .Initial letter from lawyer may have the desired effect.

 

[Jack Cook]

 Bye bye 50k.

[SbuxPlease]

50 minutes ago, jippytum said:

Our condo management have perused legal action against co owners  at the Thai civil court for between 15/25 ,000 baht fees to conclusion .Sue pool guy via a lawyer in the Thai small claims court .Initial letter from lawyer may have the desired effect.

 

Yeah this is the kind of comment I was looking for. I guess the condo association decided it's worth it to pursue even if only 15-25k. Maybe the lawyer didn't ask for too much to write up the complaint and go argue the case with the judge.

 

 

[brianthainess]

20 hours ago, SbuxPlease said:

Say that you enter a contract with a pool company and make a 50k deposit. The next week he changes this mind and doesn't want to dig pools any more, but feels your deposit was a nice gift and doesn't think he needs to pay you back.

 

Of course the best answer is to not have made the deposit in the first place. But sometimes even reputable parties disagree.

 

How are these type of civil disputes handled in Thailand? Is there a way to handle claims this small?

 

Most legit Bangkok lawyers I've worked with want that much money just to think about looking at the case, so using a lawyer feels like giving it all away a second time. But trying to navigate your way around the district court system yourself with a translator seems like a task that will take so much energy and time that you'd actually pay 50k just to avoid having to expend that amount of work.

 

I guess this probably means the 50k is toast.

I'd be straight down the cop shop and report theft or maybe better the tourist police. Don't you have his address even or his "business" address? No doubt his vehicle is worth more than 50k.

Name and shame him.

[Everyman]

2 hours ago, brianthainess said:

I'd be straight down the cop shop and report theft or maybe better the tourist police. Don't you have his address even or his "business" address? No doubt his vehicle is worth more than 50k.

Name and shame him.

 

I expected the cops will ask to see a contract. If one is produced, they will say it’s a civil matter.

[Grumpy one]

Try the hands on approach like Thai's do.

Axes, knives, guns, whatever is handy.

But be prepared for an extended holiday at one of the fine holiday resorts run by the Judicial System  

[FritsSikkink]

Go to his company / home and convince him to pay.

[SbuxPlease]

It's interesting the main suggestions are basically like:

 

-don't get yourself into this situation

-use some form of physical intimidation

 

It's like the "law of the jungle" theory where the more intimidating party or the one who has less to lose will always win.

 

As foreigners a lot of us probably take for granted coming from places where the legal structure is dependable and that alone keeps people playing fair. It's hard to imagine how a society could ever hope to grow up without that dependable system, because of course people will consider resorting to violence if they have been deeply wronged and there's no other pathway to make it right again.

 

In the American system we have a small claims court for small money amounts where lawyers are not permitted and the rules are accommodating to people who aren't experts with the law or process. This all makes it fairly easy to get in front of a judge quickly, force the other guy to show up, hear your case, and get a judgement. For cases where landlords don't return deposits or Joe the Plumber doesn't dig the pool he promised it's all pretty efficient. Even if Joe can't pay today, the judgement follows him until he can with increasing interest accumulating along the way. In fact, you don't even need Joe to pay up directly as you can present the claim to his bank which can be ordered to give you his money. If Joe has a provable habit of operating this way the judge can even order Joe to pay a whole lot more as punishment. I think all together this keeps the "Joes" of the society at a minimum, making life better for all.

 

I have to believe Thailand has something like this too but perhaps it is inaccessible and lesser known. I feel like foreigners aren't always welcome to use the same remedies as locals.