Civil Legal Action In Thailand (farang Vs Farang)

[MellowYellow]

I was recently assaulted by another farang after a heated verbal exchange. He twice attacked me physically in front of multiple witnesses. The 2nd time I received a broken nose and significant bruising without delivering much in return as he had suckerpunch/ suprise attacked me both times.

The attacker and his Thai gf were well known to me as former aquaitances/friends.

Rather than go the find him and recommence battle route or any other more violent routes I decided on bringing it to The local Police as I had 3 credible (farang) witnesses and a medical report on my side.

The police handled it by bringing him in and giving me the choice of either sending him the jail->Court->small fine route or just make him pay a lump sum and get a police report that day route.

The police pushed option 2 strongly even though I was more inclined to send him to the nick rather than interested in money since his attitude remained hot and violent even in the police station.

My question is this:

Any informed opinions on whether or not I could pursue further civil liability in Thailand against him for damages (the on the spot money was rather small and "taxed") after already going through the standard at the police station routine?

Follow on: Is it possible to pursue a civil damages case against him in his home country (he is a short term tourist set to return to his home country within a week) as he has significant wealth (multiple Millions of $US equivalent) in that country?

[seonai]

A bit more info on where this happened (very important) and what countries you are both from would help an answer. In Thailand, if that's where you are, it depends a lot on the area...

[MellowYellow]

He is from Oz, I am from 'Merica. Happened in Phuket.

[seonai]

Hi Mellow, a little more info then, was it Chalong or Patong police?

[JacknDanny]

I was recently assaulted by another farang after a heated verbal exchange. He twice attacked me physically in front of multiple witnesses. The 2nd time I received a broken nose and significant bruising without delivering much in return as he had suckerpunch/ suprise attacked me both times.

The attacker and his Thai gf were well known to me as former aquaitances/friends.

Rather than go the find him and recommence battle route or any other more violent routes I decided on bringing it to The local Police as I had 3 credible (farang) witnesses and a medical report on my side.

The police handled it by bringing him in and giving me the choice of either sending him the jail->Court->small fine route or just make him pay a lump sum and get a police report that day route.

The police pushed option 2 strongly even though I was more inclined to send him to the nick rather than interested in money since his attitude remained hot and violent even in the police station.

My question is this:

Any informed opinions on whether or not I could pursue further civil liability in Thailand against him for damages (the on the spot money was rather small and "taxed") after already going through the standard at the police station routine?

Follow on: Is it possible to pursue a civil damages case against him in his home country (he is a short term tourist set to return to his home country within a week) as he has significant wealth (multiple Millions of $US equivalent) in that country?

I would say zero chance.

You have already accepted payment, and the Police Report has been filed. You cannot have 2 bites of the cherry.

His defence lawyer(you say he has money, so he will employ the best)will run all over you.

Live/Learn/forget/Move On

[0Mix1up]

Speak to a lawyer in Thailand and his home country

That said, if your fault is minimal.

[MellowYellow]

I would say zero chance.

You have already accepted payment, and the Police Report has been filed. You cannot have 2 bites of the cherry.

His defence lawyer(you say he has money, so he will employ the best)will run all over you.

Live/Learn/forget/Move On

I was thinking in terms of the difference between Criminal and Civil liability.

Here there seems to be minimal distinction in these types of cases but in western countries there are vastly different treatments.

Could the 1st resolution not be considered just a criminal resolution leaving open the further civil liabilty damages?

[villagefarang]

You guys sound like you are in the litigious US. Get a grip here, you are in the wild-west environment of a third world country. If you are stupid enough to get yourself into a barroom brawl then all bets are off and you deserve what you get, bruises, hurt feelings and all.

[MellowYellow]

You guys sound like you are in the litigious US. Get a grip here, you are in the wild-west environment of a third world country. If you are stupid enough to get yourself into a barroom brawl then all bets are off and you deserve what you get, bruises, hurt feelings and all.

Hmmmm, thought the OP made it fairly clear this was NOT a bar room brawl. This was a hotheaded Aussie who attacked me twice in early afternoon outside a shop with both of us sober and multiple witnesses. Additionly, both incidents of violence were initiated and pursued vigourously by him with me using only self defence technique to avoid severely harming him or allowing him to severly harm me.

The rich guy tourist acting as if he is a prince in Thailand because he has money, treating all those around him (farang and Thai alike) like serfs doesn't deserve a free pass and a "take your lumps" blessing, IMO.

[onnut]

put some money in the right persons hand and you could have his visa canceled.

[stickman]

When you accepted payment from him you and him would both have filed a form, almost certainly in Thai. On that form - perhaps a hand-written sheet of paper - it would have said things to the effect that the financial consideration you received was for damages and that no party would take any further action and the situation would be deemed closed.

I don't think you would have a hope of pursuing further damages when you have already settled on damages.

I think you should have negotiated a larger amount at the police station.

Edited February 6, 2008 by stickman

[lazeeboy]

just let it go ,maybe he knows bigger people than you ,someone could get hurt ,hes paid you damages already ,once the police get involved they will want there tea money,this is thailand not the states.......

[moldy]

When you accepted payment from him you and him would both have filed a form, almost certainly in Thai. On that form - perhaps a hand-written sheet of paper - it would have said things to the effect that the financial consideration you received was for damages and that no party would take any further action and the situation would be deemed closed.

I don't think you would have a hope of pursuing further damages when you have already settled on damages.

I think you should have negotiated for a larger amount at the police station.

Yes looks like you already settled.

Maybe for the sake of inconvenience you could file a charge but do it quick. This might prevent him leaving the country.

I don't think Thai civil and criminal law is seperated in the western sense, it's all one law.

You describe 2 sucker punches, well I'd say there were 3. Do you collect them or something?

[GuestHouse]

Going on from what Stickman says.

The Thai police suggestion that you settle with a lump sum is entirely inline with the way Thais manage conflict - get people to agree a settlement rather than escalate the conflict - In Thai terms this is good policing.

So there is a cultural clash going on here. You expectation of justice and cultural predilection to peruse punitive litigation and the Thai cultural line of calming things down.

I would accept things as they are, and consider the important thing is that the attacks do not reoccur.

If they do get a good lawyer to go with you back to the police station and insist on pursuing imprisonment.

For now – Chill and let it pass.

[Stephen Cleary]

I think you should have negotiated a larger amount at the police station.

Yeah.... the OP says that the offender is well-off and for sure he could of got a lotta cash out of the guy. Unfortunately, the OP should have called the pol. lieutenant to the side and explained quietly that the brute was stinking rich and that if he helped get stacks of cash out of the guy he would have given him 25% commission.

Sure, the police in this situation want both sides to 'make-up' with a one off payment but it is your 'right' to refuse the police's advice and filed criminal charges. The rich brute would have fuming that he would have had to pay bail, sign his name at court every 12 days (something like that) and wait 6 weeks before his case would have been heard in court and a chance of going to prison (probably suspended sentence and a stupidly low fine) Plus, in the meantime, he wouldn't have been able to leave the country!

A couple of years back i was smacked by a drunk Thai guy cause his 'kik' had been chatting to me. Luckily, i knew one of the cops at the entrance of the pub/restaurant and he took me to the station to file a charge ( a waitress was the witness). After he balled his big mouth to the pol. lieutenant for 10 minutes he gave up and the cop advised him to compensate me 2,000 baht (he wasn't well-off) And what was embarrasing for him was that he didn't even enough money and so had to borrow the money from his 'kik'!

Not a bad sum, especially when it was a really shitty punch!

Edited February 6, 2008 by Stephen Cleary

[MellowYellow]

When you accepted payment from him you and him would both have filed a form, almost certainly in Thai. On that form - perhaps a hand-written sheet of paper - it would have said things to the effect that the financial consideration you received was for damages and that no party would take any further action and the situation would be deemed closed.

I don't think you would have a hope of pursuing further damages when you have already settled on damages.

I think you should have negotiated a larger amount at the police station.

Ok. I understand that.

Yes a "clearing" form was written in Thai and forced to be signed by both parties at the police station.

Perhaps that does close off the the avenue in Thailand but maybe not necesarily in Australia.

Additionally, would this police report mean much to Thai Immigration? As in, would it affect his ability to re enter Thailand?

[MellowYellow]

...You describe 2 sucker punches, well I'd say there were 3. Do you collect them or something?

Im not following this line of thought. Which one was the 3rd sucker punch?

[Maizefarmer]

I was recently assaulted by another farang after a heated verbal exchange. He twice attacked me physically in front of multiple witnesses. The 2nd time I received a broken nose and significant bruising without delivering much in return as he had suckerpunch/ suprise attacked me both times.

The attacker and his Thai gf were well known to me as former aquaitances/friends.

Rather than go the find him and recommence battle route or any other more violent routes I decided on bringing it to The local Police as I had 3 credible (farang) witnesses and a medical report on my side.

The police handled it by bringing him in and giving me the choice of either sending him the jail->Court->small fine route or just make him pay a lump sum and get a police report that day route.

The police pushed option 2 strongly even though I was more inclined to send him to the nick rather than interested in money since his attitude remained hot and violent even in the police station.

My question is this:

Any informed opinions on whether or not I could pursue further civil liability in Thailand against him for damages (the on the spot money was rather small and "taxed") after already going through the standard at the police station routine?

Follow on: Is it possible to pursue a civil damages case against him in his home country (he is a short term tourist set to return to his home country within a week) as he has significant wealth (multiple Millions of $US equivalent) in that country?

The problem the police are faced with in all these cases is not so much they don't want to launch criminal proceedings (and it was a criminal offence), it is that by the time the court case comes around - and you said it yourself - one or other of the parties concerned have long gone back to their home country.

Secondly, as a common assualt (which is what it sounds like it was) he certainly won't go to jail - at most he will get a fine and be ordered to pay restitution.

AS for sueing back home (in the USA) - why not, but I have little doubt it will be complicated and enourmously expensive as such matters always are in the USA.

I say - take it on the chin (excuse pun), and move on. More important things in life.

[WilliamJarvis]

To OP: A long shot, but there is one provision in the Civil and Commercial Code that deals with tort. Generally tort law is not a concept under Thai law, but in this case it could work. IMHO, the best people to talk to about a tort action would likely be Tilleke & Gibbens. The only reason I say that is because I think they use tort actions for IP violations, and so would know the ins and outs of it.

Sorry, but I don't know anyone at T&G. I do know they used to write articles for the Bangkok Post, with an email address you could send queries to. It might be worth a try

[villagefarang]

I was recently assaulted by another farang after a heated verbal exchange.

And I am sure that during this heated verbal exchange you did nothing at all to provoke him. It takes 2 to tango.

[mrbojangles]

I was recently assaulted by another farang after a heated verbal exchange.

And I am sure that during this heated verbal exchange you did nothing at all to provoke him. It takes 2 to tango.

Indeed it does take two to Tango. But sometimes it only takes one to be a bully.

I've seen many a one sided fight in my time, one person wants to kick off (usually the bully) and the other doesn't want to know. This gives the bully even more confidence that he can win.

[ray08]

Follow on: Is it possible to pursue a civil damages case against him in his home country (he is a short term tourist set to return to his home country within a week) as he has significant wealth (multiple Millions of $US equivalent) in that country?

Impossible to pursue legal damages in Australia as the court has no juristiction on what has happened in another country ,and rightly so , otherwise every money hungry liable seeking person would clog up foreign courts with such trivial matters

[RusticCharm]

put some money in the right persons hand and you could have his visa canceled.

Put some money in the right person's hand and you could have him cancelled.

[naka]

The legal route you obviously want to take is going to cost you

a shed load of cash for a civil suit, regardless of which country.

Are you prepared to pay for that ?

Naka.

[monkeyclub]

Pathetic

You had an argument followed by a slap or three

Get a grip and get over it

What ever is next when a bloke can't take a tickle now and then for christ sake