Legal Proceedings

[scduck]

Without attracting insensitive comments - "Can anyone tell me or give me any hints, advice or contacts in respect of the procedure to take a farang building developer to the Civil courts for breach of contract" Can anyone share their experiences with me? Are things lost in interpretation? Can the judiciary be trusted? How much would it cost, how long would it take and what are the possible outcomes? Can an action be taken by a private individual (similar to a minor claims court in the UK) or do you need to employ the services of a lawyer? PM's welcome.

[Farma]

I can’t offer experiences but hopefully this information from the THAILAND BUSINESS AND LEGAL GUIDE should give you an idea of the procedure.

http://www.bia.co.th/030.html

[Burgernev]

Hi scduck,

Sent you a PM

Burgernev

Edited May 19, 2008 by Burgernev

[scduck]

Thanks Farma and Burgernev, your information is really useful. What a great forum this is.

It is arkward and unpleasant to commence legal procedings in any country but at least I am now aware of the road ahead, should I be forced to go this route.

I understand now why most falangs just cut their losses and make the best out of a bad job!

"It's not how far you fall, but how far you bounce"

[MrIrrisistable]

The process of law is somehwat different here than back west.

Make sure you understand it and your lawyer explains it in detail how it works to you first. This has an outcome on how your case evolves for sure.

I had an incompetant lawyer from Chonburi handle a case for me, unbelievably incompetant or corrupt they were and the consequences of this affected my case. If I had known several things prior to this, I would have been prepared, or made sure the lawyers were prepared much better.

Costs are not prohibitive, I think from memory it was 2% of the amount in dispute plus your lawyer costs up to a maximum charged by the court in fees of 200k.

I have a lawyer that I can recommend that certainly puts in the long hours to prepare his cases first and that is the main thing you need.