To Sue Or Not To Sue

[chorizo]

Need some advice..my Thai wife and i contracted a wrought iron shop to build our fence, giving him 20,000 down on a 60,000 job, signing a contract. After a awhile we went to see how it was going and they had not built them to the print...30cm short , shoddy craftsmanship etc. He said he would redo them but after another two weeks he had only done a small amount and they were still too short.

So we asked for our money back or at least 1/2 half. I know it is difficult( impossible ) to get money back once it is in their hand.

We went to the police and they said they could do nothing.

My lawyer said it would cost more to get it back..

So we told the guy to redo them again.....a week later we find his shop closed up and neighbors said he was not paying his men and they took all his steel and sold it.

Not sure if owner is still here in CM ,we will go to his house tomorrow...

My question is ...what can we do now ? is the lawyer the only way out?

Shame on me for giving that much for dp.....should have known better...

Thanks..chorizo

[getgoin]

That's why I rarely give out deposits anymore. Forget about the money and move on.

[JuniorExPat]

Assuming you have no success with a face to face meeting tomorrow, your best bet is to chalk it up to experience.

It's not worth the time, effort, stress and cash involved in taking the legal route.

JxP

[BigSnake]

Sue

[Mario2008]

Yes, you can sue. But like your lawyer said it might cost more money then you lost already and cost you a lot of extra time. If he can't pay it back, best to forget it. See what he can offer you and anything he offers will be a plus.

[Bill97]

Definitely sue. It will keep you occupied and eat up some of your cash so you will not be going out to make a similar mistake anytime soon. Since you "contracted" with them you undoubtedly have an executed document with all the essential details and will win easily.

[jackr]

Assuming you have no success with a face to face meeting tomorrow, your best bet is to chalk it up to experience.

It's not worth the time, effort, stress and cash involved in taking the legal route.

[eurothai]

The best thing you can do for this matter is go to the police station. They will make a report and also visit him.

Forget the court of law, specially when your 'farang' The will say, you shouldn't be there. Bad luck and so on.

That will be more money as well.

Wish you good luck

[WinnieTheKhwai]

Like trying to get fur off a rat.. Honestly it's much cheaper and faster to get a better builder to finish the wall.

Oh and in general when you deal with a new builder/contractor that you don't have experience with: BE THERE.

[john b good]

If your wife has got balls (and I am talking figuratively. Many Thai women don't but if she has a bit of bottle and confronts this arseho11e you will get your money back "no sweat"

The problem here is that no one has the guts to confronts these arseho11e's and the pryks just get away with it.

Get her to tell him that her brother is in the police or has a rank in the army, and for her to allude to the consequences for not refunding the money.

These Thai mechanics collectively have the IQ of a geranium. And you, you have an IQ well in well in excess or 150., are ya gonna suck hole for one of these low lifers. Stand up for your rights. Don't sue. Threaten and make it sound real

Edited April 21, 2009 by john b good

[JuniorExPat]

If your wife has got balls (and I am talking figuratively. Many Thai women don't but if she has a bit of bottle and confronts this arseho11e you will get your money back "no sweat"

. . .

Your assumption that this errant blacksmith has any money to lay claim to is a mistake.

By all means confront the guy if he can be found, and even though the police have already said they are powerless an offer of a "finders fee" or an approach to a "friendly" policeman of your acquaintance mayprove fruitful. Both routes are worth pursuing but as far as litigation is concerned, and that is the question asked in the OP, the investment required outweighs the return available.

JxP

[venturalaw]

Yes, you can sue. But like your lawyer said it might cost more money then you lost already and cost you a lot of extra time. If he can't pay it back, best to forget it. See what he can offer you and anything he offers will be a plus.

Exactly correct. Even if you sue and win, if he has nothing, you get nothing. He's lost his business and inventory. See what you can get from him voluntarily, if anything, and move on.

[Farma]

Had a similar problem with an awning maker a few years ago. We gave a deposit for materials and a few weeks later nothing had progressed. The guy was being a bit cocky about it as well and claimed he had spent all the money (gambled away) and couldn’t give a refund.

A quick call to a senior police friend and he agreed to visit the guy. The guys wife was home when the police visited and agreed to return the money the following weekend at an arranged public location.

The following week the guys brother appeared and handed over the money. The original guy was too scared to show up as he was worried the police would have shot him.

[Blinky Bill]

US$560. Not a huge amount of money. About a months salary for an English teacher.

To waste any more on a lawyer which would probably achieve zero is a further waste of money. Sit back, relax and lick your wounds.

[kash]

Gotta be the first sensible thing Blinky Boy has written here in a very long time ...

US$560. Not a huge amount of money. About a months salary for an English teacher.

To waste any more on a lawyer which would probably achieve zero is a further waste of money. Sit back, relax and lick your wounds.

[Ajarn]

US$560. Not a huge amount of money. About a months salary for an English teacher.

To waste any more on a lawyer which would probably achieve zero is a further waste of money. Sit back, relax and lick your wounds.

Agreed 100% Even if you win, you will never collect anything.

[venturalaw]

Had a similar problem with an awning maker a few years ago. We gave a deposit for materials and a few weeks later nothing had progressed. The guy was being a bit cocky about it as well and claimed he had spent all the money (gambled away) and couldn’t give a refund.

A quick call to a senior police friend and he agreed to visit the guy. The guys wife was home when the police visited and agreed to return the money the following weekend at an arranged public location.

The following week the guys brother appeared and handed over the money. The original guy was too scared to show up as he was worried the police would have shot him.

I love to read about results like this. It's rare.

[getgoin]

One time I got money back from someone. Should be a new thread.

[BEENTHEREDONETHAT]

Find BIB and tell him he can keep 50% of what he collects for you. Cheaper than a lawyer, faster than the courts and should give the guy a few gray hairs.

[Blinky Bill]

Gotta be the first sensible thing Blinky Boy has written here in a very long time ...

US$560. Not a huge amount of money. About a months salary for an English teacher.

To waste any more on a lawyer which would probably achieve zero is a further waste of money. Sit back, relax and lick your wounds.

You make me feel so good kash. Time for a bonding bear hug!!

[john b good]

If your wife has got balls (and I am talking figuratively. Many Thai women don't but if she has a bit of bottle and confronts this arseho11e you will get your money back "no sweat"

. . .

Your assumption that this errant blacksmith has any money to lay claim to is a mistake.

By all means confront the guy if he can be found, and even though the police have already said they are powerless an offer of a "finders fee" or an approach to a "friendly" policeman of your acquaintance mayprove fruitful. Both routes are worth pursuing but as far as litigation is concerned, and that is the question asked in the OP, the investment required outweighs the return available.

JxP

Many of these guys have money.

Proceed on the basis that he has and "sweat" him.

[JuniorExPat]

If your wife has got balls (and I am talking figuratively. Many Thai women don't but if she has a bit of bottle and confronts this arseho11e you will get your money back "no sweat"

. . .

Your assumption that this errant blacksmith has any money to lay claim to is a mistake.

By all means confront the guy if he can be found, and even though the police have already said they are powerless an offer of a "finders fee" or an approach to a "friendly" policeman of your acquaintance mayprove fruitful. Both routes are worth pursuing but as far as litigation is concerned, and that is the question asked in the OP, the investment required outweighs the return available.

JxP

Many of these guys have money.

Some of these guys have money, some don't.

Proceed on the basis that he has and "sweat" him.

I agree entirely but don't throw good money after potentially bad by using a lawyer to "sweat" him.

JxP