I'm Going To Court: Suing A Thai

[Heng]

If the land/truck is in his name alone, then the LED might seize it for you -and any other creditors of course- after a decision in your favor. If it's "his" property but in the name of multiple persons, perhaps other family members, then it's not as simple. That's in theory of course. If he manages to move/liquidate his assets before there is a court decision -and he certainly can considering that none of his property is attached to any legal agreement with you-, you're back to square one. Even when the LED works (and indeed it does if you have the patience), it takes some time. There are some properties that I have been waiting to purchase that have been stuck in the LED for 10-11+ years (not seized from my own debtors; just general unrelated seizures out there on the market).

Edited December 3, 2007 by Heng

[PeaceBlondie]

Although I don't know cm-happy personally, I doubt he would be taking off any of the girls at the karaoke bar.

[thaipete]

I wish I was only owed 28K Thais and Farangs I have lent money to only one paid me back, generally lending money in Thailand you are making a gift

[jayjayjayjay]

Forget it - write it off as a bad loan and don't do it again. Not worth all the hassle and could be dangerous.

Agreed, loans to Thai's are rendered as gifts. I think Soundman's idea is best, run up a tab with girls and booze!

[cinosam]

I got caught the same way starting with an inlaw borrowing small money and paying it back and borrowing again a little more and then the last loan the biggest, nothing, gone, waste of time, move on.

Thinking about it now it would seem the inlaw never even needed or used any of the first loans just to build my confidence.

I was advised to just forget it that foreigners never win against thais and end only losing money on laywers and bribes trying to get something real done about it.

It's sad because i would love to help people like that but teaching them to steal and steal isn't helping.

[AlexLah]

Never ever loan money to someone in Thailand, not even your BF/GF.

You will never get it back.

[soundman]

Although I don't know cm-happy personally, I doubt he would be taking off any of the girls at the karaoke bar.

well, there is always the booze & jukebox then!

[LoveDaBlues]

Never ever loan money to someone in Thailand, not even your BF/GF.

You will never get it back.

A friend (farang) just loaned his Thai brother-in-law 300K baht. It was a handshake deal and he was to be paid back within 3 days. He was.

Never say never.

[MikeRay]

One of my brothers-in-law messed up my holiday 2 years ago asking for a loan for car.He asked me every day in 3 weeks he saw me and I repeated -NO. But a NO wasn´t a no for that guy and he kept asking me and my wife. He didn´t get a single baht. Later he bought that car by himself, I don´t know how he financed it (he had some land) but crashed the car and called us wether we could lend him some money to repair that car.

My wife told me he used to be like that since early years, never pays back and is very pushy for money.

I told my wife, if he´s in her village I leave for somewhere else.

But suing a Thai neighbor and policemen won´t make your life easier I guess, perhaps then it´s time to move

[cm-happy]

I had my day in court yesterday(Thurs. Jan, 24). The defendent did not show.

When judge heard my case she said the defendent did not receive, or not get the registered mail stating he was being sued and to appear in court.

This being the case the court ordered that a court officer serve the defendent in person. The case will be rescheduled after the defendent is served with court papers.

Sat in the court room for a few hours just watching what was going on. Most of the cases invov

led bad loans by Thais to other Thais.

One case involved 29,000 baht. The borrower pleaded poverty, no job and blah,blah,blah. Judge got pissed, sent him off to jail for one month, a 1000 baht fine and still has to repay the loan. Policeman came and took the borrower away.

The other case was more interesting. 50,000 baht. borrower was already in jail for an unrelated offense. He was wearing ankle chains, handcuffs and standard prison garb. and brought into the court from prison by a policeman. Judge told him pay up or serve more time. Do not know however, what his original offense was.

anyway it was an interesting experience.

My attorney was delighted the defendent did not show. Makes a stronger case for me and told me the judge was angry at the guy especially since he is a policeman and should know the law and not try to run away from his responsibilities. Said the judge would attach his salary to repay the loan if he did not do so voluntarily.

[siam2007]

I had my day in court yesterday(Thurs. Jan, 24). The defendent did not show.

When judge heard my case she said the defendent did not receive, or not get the registered mail stating he was being sued and to appear in court.

This being the case the court ordered that a court officer serve the defendent in person. The case will be rescheduled after the defendent is served with court papers.

Sat in the court room for a few hours just watching what was going on. Most of the cases invov

led bad loans by Thais to other Thais.

One case involved 29,000 baht. The borrower pleaded poverty, no job and blah,blah,blah. Judge got pissed, sent him off to jail for one month, a 1000 baht fine and still has to repay the loan. Policeman came and took the borrower away.

The other case was more interesting. 50,000 baht. borrower was already in jail for an unrelated offense. He was wearing ankle chains, handcuffs and standard prison garb. and brought into the court from prison by a policeman. Judge told him pay up or serve more time. Do not know however, what his original offense was.

anyway it was an interesting experience.

My attorney was delighted the defendent did not show. Makes a stronger case for me and told me the judge was angry at the guy especially since he is a policeman and should know the law and not try to run away from his responsibilities. Said the judge would attach his salary to repay the loan if he did not do so voluntarily.

great to hear those news and that you were courageous enough to continue the case..... good luck for the next day at the court..... if more people acted same as you, less people would try to steal money from their lenders, particularly if those lenders are Farang.....

[yorkman]

I am glad to see you have stuck to your guns here.

Of course you can win if the law is on your side. I have unfortunately, had to use the courts twice against thais and won both times.

It seems you have a way forward to actually recovering the money too.

Keep us up to date about the outcome.

[ThaiPauly]

Good to hear CMH - a positive start in many ways.

Keep going, you gotta fight for your rights, there is no reason why you wont win

[cudaproject]

Forget about people telling you not to go for it... If you don't do it, it will be on your mind for ever more... I've written off loans to these lot over here.. but I wish I knew where they were now!

It's a matter of principle and I love hearing stories about people with enough balls to go after it... You've got balls and principles... good on you... Keep us informed!

[dominator]

I cannot believe that the majority of the reply's here are to let him get away with stealing, because that's what it is.

Ok maybe the OP made a mistake lending money to a Thai person, and maybe the OP should be careful but I'm convinced that many similar problems are the result of the laissez-faire attitude of us falangs.

Nobody should get away with a criminal act.

My 2 cents

onzestan

Quite right onzestan, Farangs should not qive up like some of the defeatists suggest. They were obviously born losers in their own countries. It's about time Thais realise that their days are numbered regarding ripping farangs off. Thai girls/ladies/females or what ever you call yourselves, take note, this refers to YOU as well.

[bdenner]

Congratulations for your proactive actions in perusing this:- The outcome sounds encouraging and should serve as notice on the respondence to the thread who suggested you just sit on your hands.

Against all my principles and in and extreme moment of weakness I have just loaned a close family member 100K to buy some land. Loan is over 3 months at 1.5% interest per month (normally between 1 and 3 in this neck of the woods). I have an official contract witnessed buy the Or Bor Tor and Puya Baan as well as her home Chanoot for collateral. That’s the best I could do, now just to wait and see what happens! I sincerely do not want to go down the path the OP had to.

[rixalex]

I applaud the actions of the OP. Good luck - hope you win.

I never loan money. The problem is, just until that moment when you hand the money over, you are the best person in the world for the person on the receiving end, but the moment the money is in their sticky hands, that all changes. In an instant you have gone from the hero that has helped them out, to the nuisance that wants money returned.

[geriatrickid]

I think you did the right thing. If I'm not mistaken, one is not allowed to be employed in the police service if there is recent jailtime. A dispensation must be obtained and that would cost the defendant money. It will be cheaper for him to pay up. It's a small amount, so the judge will say sell the land or vehicles.

Despite all the views that the courts are biased against falangs, think of it from a different perspective: The judge might see the cop as bringing shame to the police service and an embarrassment to thailand and therefore not be too lenient. Some of my friends think this way and won't tolerate Thais being dishonest. Many Thais still have a sense of honour and are proud. Yea, I know I live in a bubble and my friends are oddities, but still, the plaintiff just might pull it off.