Thai Court System

[ray23]

I posted a topic several months ago about a building problem I had, trying to get a feel for what I was looking at if a suit was filed. I promised to keep everyone informed as to what happened.

I listened to what everyone said. The impression I got was if the person was well connected, you were in big trouble. So I researched the guy in the Thai community, found out he had money but was not politically connected. The powerful Thais in the area really didn't have much good to say about the guy.

Compromise would be the optimum solutuion. so I found a sweet Thai female attorney to work toward this. The builder immediatly started posturing and arranged a meeting within 48 hours to return our deposit. Only not to respond, nothing new a this had been his actions all along. I was still willing to talk and if we could find a good compromise. Then he directed me to find a particular witness for him, because this was a person who was my friend at one time. Whom I later found out wa in the builders back pocket. The guy an American didn't want to play anymore becasue he didn't have a work permit and things were getting to serious. He would no longer involved unless I requested it.

Now I have to admit I am dumb, but there are limits. So I paid the nice lawyer for her work.

I then researched law firms that dealt with this, found one who would work on a contiguency (20%) plus costs. Not a real nice guy, this time.

The process is you file a demand for return of your money, they have seven days to respond. ( cost 3,000 Baht ) Of course the builder had not changed at all and failed to respond. Then filed the action with the court ( cost 22,000 Baht ) It would seem it will be about two months before the case will come up for scheduling.

I'm told I'm looking at one year before this is settled. If that is the case it is much better then the system in California, there you are looking at five to seven years.

As thing change I will add to the post

[Ajarn]

Ray, thanks for the updates. I'm sure that your continued reporting of the process of your case here will be valuable info for many...

[ray23]

Ray, thanks for the updates. I'm sure that your continued reporting of the process of your case here will be valuable info for many...

<{POST_SNAPBACK}>

Your very welcome, I think things will be slow for the next fwe months interestingly enough the attorney wants to learn more english from me. Even offered to pay for it, but I won't take any money fro him. I'm sure i will learn more about the system from this a time goes along. Since my background is heavy in the law field in the states, That is the type of languse he wants to learn. So I'm sure we will be peaking aboout the subject often.

[Thaigrr]

Not knowing how much money is involved, but having been a builder for over 20 years, and in Thailand five, I'd say if you file, you've already lost.

Why? You've spent upwards of 25,000 baht just to file, plus the attorney's fee, and then the wait, and then the hearing, and then the Thais are laughing at you for being a dumb ass thinking you will get a fair hearing all the while they are taking your money. You are a FOREIGNER dude, get over it.

Walk away put it behind you and count it as a lifes lesson, however expensive.

[Ajarn]

Don't kid yourself in assuming you won't get a fair hearing in Thailand. Many do get a fair shake. In fact, in every case to which I've been personaly privy to (civil/labour) over 20 years, every farang got a fair shake in the courts, even when they didn't win...

Watch those mass generalizations here.... Life here is not nearly so cut and dried or predictable as many would like to believe... I'm not saying it's all fair and right, but I am saying it's not all unfair and dishonest.... Your experience may vary.

[ray23]

Don't kid yourself in assuming you won't get a fair hearing in Thailand. Many do get a fair shake. In fact, in every case to which I've been personaly privy to (civil/labour) over 20 years, every farang got a fair shake in the courts, even when they didn't win...

Watch those mass generalizations here.... Life here is not nearly so cut and dried or predictable as many would like to believe... I'm not saying it's all fair and right, but I am saying it's not all unfair and dishonest.... Your experience may vary. 

<{POST_SNAPBACK}>

In reponse to walk away, first I'm very aware that I am a foriegner. If your assumption is that you will lose in any dispute here and throw in the towel any time one occurs I'm sure you are absolutely correct.

I'm not into flaming so I will go no further then to say you do it your way I'll do it mine and wish you a wonderful day.

[Ajarn]

Don't kid yourself in assuming you won't get a fair hearing in Thailand. Many do get a fair shake. In fact, in every case to which I've been personaly privy to (civil/labour) over 20 years, every farang got a fair shake in the courts, even when they didn't win...

Watch those mass generalizations here.... Life here is not nearly so cut and dried or predictable as many would like to believe... I'm not saying it's all fair and right, but I am saying it's not all unfair and dishonest.... Your experience may vary. 

<{POST_SNAPBACK}>

In reponse to walk away, first I'm very aware that I am a foriegner. If your assumption is that you will lose in any dispute here and throw in the towel any time one occurs I'm sure you are absolutely correct.

I'm not into flaming so I will go no further then to say you do it your way I'll do it mine and wish you a wonderful day.

<{POST_SNAPBACK}>

You were referring to another post, but you quoted mine. I think we're in agreement already, right?

[ray23]

Don't kid yourself in assuming you won't get a fair hearing in Thailand. Many do get a fair shake. In fact, in every case to which I've been personaly privy to (civil/labour) over 20 years, every farang got a fair shake in the courts, even when they didn't win...

Watch those mass generalizations here.... Life here is not nearly so cut and dried or predictable as many would like to believe... I'm not saying it's all fair and right, but I am saying it's not all unfair and dishonest.... Your experience may vary. 

<{POST_SNAPBACK}>

In reponse to walk away, first I'm very aware that I am a foriegner. If your assumption is that you will lose in any dispute here and throw in the towel any time one occurs I'm sure you are absolutely correct.

I'm not into flaming so I will go no further then to say you do it your way I'll do it mine and wish you a wonderful day.

<{POST_SNAPBACK}>

You were referring to another post, but you quoted mine. I think we're in agreement already, right?

<{POST_SNAPBACK}>

Sorry about that yes we are