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Criminal property damage , worth pursuing?


kman90

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Sorry if this is in the wrong forum.

 

I got into an argument with a guy in a bar who was behaving very erratic. Long story short, he picked my phone off the bar and smashed it on the ground, completely breaking it, then left the bar. Note: at no point did I touch him or anything.

 

We managed to gather some pictures of him and also got hold of his Thai phone number. He’s refusing to pay.

 

The phone is 25k baht to buy new.

Is it worth even going to the police about this? Someone said it can set up as a “criminal damage case” or something. Surely they could find his address and go talk to him if he submitted a tm30 etc? Is it worth the hassle/ meetings / fees to police/ explanation of situation? 
I never dealt with the police here. I’ve heard they’re not so helpful ..?

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1 minute ago, DrJack54 said:

It is wrong forum but not sure where to move it.

Just one person's opinion (me) I would let it slide.

25k is not small change however is it worth the effort re time etc etc

That’s what I was thinking , remembering the Swiss man case, for months, then in the end nothing really happened to him..

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Are you living here or visiting? If visiting, do you have any travel insurance or household insurance covering personal effects. Could be viewed as theft &/or malicious damage under an insurance policy?

 

You would probably have to file a police report for an insurance claim. I would also keep the photo evidence etc to support any claim.

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On 11/11/2024 at 8:26 PM, kman90 said:

That’s what I was thinking , remembering the Swiss man case, for months, then in the end nothing really happened to him..

 

I would go to the police station armed with as much evidence as possible, as in witnesses, CCTV, etc and make a report.

 

They'll find him if they want to.

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On 11/11/2024 at 8:26 PM, kman90 said:

That’s what I was thinking , remembering the Swiss man case, for months, then in the end nothing really happened to him..

 

I wouldn't let it go, no way.

 

His backside will fall out when confronted by the Police and he'll pay up, otherwise, he'll think you are weak.

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It does not matter if the phone  is 25,000 baht now. That is not your loss. What was the phone's market value at the time of the loss?

Demanding anything more, is considered as an attempt to profit from the loss. If your phone was  an older model, then you must  recognize the depreciation. E.g, if it was 2 years older or more, then it is no longer worth the cost of a new model. Mobile phones depreciate quickly and you cannot expect replacement cost. Guidance comes from how property damage claims are settled in law.  The  responsible party, is only liable for the  damage caused, not the replacement cost of the damaged item. If the phone is only worth 10,000 baht at the time of the loss, that is all that you can  collect. 

 

If the actual  current value of the mobile phone was less than 10,000 baht, forget about it and move on. If you do wish to proceed, 

1. Verify that there is CCTV recording of the wrongful act. If no recording, then your position is difficult, and I suggest dropping the case.

2. If CCTV recording, since you have his  telephone number, call him and tell him that unless settlement is made, you will be filing  a police report. Give him 48 hours to settle. Remind him that there is a low threshold for the establishment of property damage liability and that if a police report is filed, it may have a negative impact on his immigration status, particularly entry/departure of Thailand.

3. Don't be discouraged by comments that Police are useless. Sometimes there are decent cops and if this man has done this, there is a chance he is already known to the police.

 

 

 

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OP Go to the police and have a chat with them.

They'll take a report and tell you they'll work on it, however in reality they most likely won't do anything.

 

Typically to get the police to pursue things in Thailand an offer of some "tea money" needs to be made. 

I would make an offer that whatever you get from the guy you'll give them 10-15%, might be best to take a Thai with you to assist in things. 

 

 

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