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Thai Court System Myth And Reality


ray23

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I can' tell you how many times I have been told you can't win in the Thai Court system.

I filed a case about four years ago against a local builder I won, it waa appealed. We just got the verdict on the appeal today, we won again. He will file another appeal and we are probably looking at seven or so years on a verdict on that which is the last stop of the process. So it would be very hard to convience me that the Thai Courts won't treat your fairly.

There was perjury committed by two witneses ( many other as well) I could actually pursue if I cared to, I don't. But I will leave to the lawyer.

Why did I win because I prepared the case properly had a key witness and physical evidence to prove my case. The Courts did not believe the witnesses that perjuried themselves. I have been very careful never to list anyones name in anything I have posted. It won't win a case for you and it may cause you harm, it is against the law in Thailand.

The time frames so far are much faster then anything I experienced in California.

The same rules of evidence apply here as the system I had worked in the U.S., no hearsay.

To win only file on the appropriate laws use physical eveidnce to support your cliam and in my experience I was not treated any differently then anyone else.

Don't listen to what people think, once a rumor is started eventually it becomes a truth in people minds.

Now there is one more appeal, he is laible for 7% interest form date of filing, that is a lot better then you can get in a Bank today. You will pay filing ect, till the case finished. There are no free lunches involved. So think before you act, a settlement in the end is really best for everyone involved.

In this case the man I sued believed the rumors and he was Thai.

Nothing is going to be any different here I can still lose on appeal. I still have to collect. The guy isn't going to hand me money I know that. So it won't be any surpise to me. I am prepared for that.

Don't base your life here on Rumors guys.

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I know 2 Farangs here that went to court and won.

One was a labour case brought against an employer and the other was a defendent in a case bought by a supplier of services.

They were both much quicker verdicts than your case though.

Actually, I have heard that court do not like Thai people cheating farangs and they are quite fair. I have seen many times the Thai business people are very careful to teat the Farang fairly since they know about the court system. Never had to us it though and I hope never have to

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ray 23

I too have won 2 court cases here and both together amount to the sum of 650,000bht in my favour. The reason that its so long drawn out is because they hope you run out of funds to persue it or die in the meantime. 400.000bht was awarded to me 19 months ago, no appeal just that they didnt pay. now have to take them to court for non payment.

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I can' tell you how many times I have been told you can't win in the Thai Court system.

I filed a case about four years ago against a local builder I won, it waa appealed. We just got the verdict on the appeal today, we won again. He will file another appeal and we are probably looking at seven or so years on a verdict on that which is the last stop of the process. So it would be very hard to convience me that the Thai Courts won't treat your fairly.

There was perjury committed by two witneses ( many other as well) I could actually pursue if I cared to, I don't. But I will leave to the lawyer.

Why did I win because I prepared the case properly had a key witness and physical evidence to prove my case. The Courts did not believe the witnesses that perjuried themselves. I have been very careful never to list anyones name in anything I have posted. It won't win a case for you and it may cause you harm, it is against the law in Thailand.

The time frames so far are much faster then anything I experienced in California.

The same rules of evidence apply here as the system I had worked in the U.S., no hearsay.

To win only file on the appropriate laws use physical eveidnce to support your cliam and in my experience I was not treated any differently then anyone else.

Don't listen to what people think, once a rumor is started eventually it becomes a truth in people minds.

Now there is one more appeal, he is laible for 7% interest form date of filing, that is a lot better then you can get in a Bank today. You will pay filing ect, till the case finished. There are no free lunches involved. So think before you act, a settlement in the end is really best for everyone involved.

In this case the man I sued believed the rumors and he was Thai.

Nothing is going to be any different here I can still lose on appeal. I still have to collect. The guy isn't going to hand me money I know that. So it won't be any surpise to me. I am prepared for that.

Don't base your life here on Rumors guys.

Could be dangerous considering the Thai would be better of if you werent around - and 7 years to think about it, just a thought!

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I can' tell you how many times I have been told you can't win in the Thai Court system.

I filed a case about four years ago against a local builder I won, it waa appealed. We just got the verdict on the appeal today, we won again. He will file another appeal and we are probably looking at seven or so years on a verdict on that which is the last stop of the process. So it would be very hard to convience me that the Thai Courts won't treat your fairly.

There was perjury committed by two witneses ( many other as well) I could actually pursue if I cared to, I don't. But I will leave to the lawyer.

Why did I win because I prepared the case properly had a key witness and physical evidence to prove my case. The Courts did not believe the witnesses that perjuried themselves. I have been very careful never to list anyones name in anything I have posted. It won't win a case for you and it may cause you harm, it is against the law in Thailand.

The time frames so far are much faster then anything I experienced in California.

The same rules of evidence apply here as the system I had worked in the U.S., no hearsay.

To win only file on the appropriate laws use physical eveidnce to support your cliam and in my experience I was not treated any differently then anyone else.

Don't listen to what people think, once a rumor is started eventually it becomes a truth in people minds.

Now there is one more appeal, he is laible for 7% interest form date of filing, that is a lot better then you can get in a Bank today. You will pay filing ect, till the case finished. There are no free lunches involved. So think before you act, a settlement in the end is really best for everyone involved.

In this case the man I sued believed the rumors and he was Thai.

Nothing is going to be any different here I can still lose on appeal. I still have to collect. The guy isn't going to hand me money I know that. So it won't be any surpise to me. I am prepared for that.

Don't base your life here on Rumors guys.

Ray23

Having judgement in your favour is one thing - been able to exercise that judgement and get the defendent to pay up is often another thing.

Question: presume this is a civil/commercial type case with some sort of financial recompense due at the end of the day (?) - do you envisage been able to actually get that recompense, or is that going to be another 7 years ....plus?

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I can' tell you how many times I have been told you can't win in the Thai Court system.

I filed a case about four years ago against a local builder I won, it waa appealed. We just got the verdict on the appeal today, we won again. He will file another appeal and we are probably looking at seven or so years on a verdict on that which is the last stop of the process. So it would be very hard to convience me that the Thai Courts won't treat your fairly.

There was perjury committed by two witneses ( many other as well) I could actually pursue if I cared to, I don't. But I will leave to the lawyer.

Why did I win because I prepared the case properly had a key witness and physical evidence to prove my case. The Courts did not believe the witnesses that perjuried themselves. I have been very careful never to list anyones name in anything I have posted. It won't win a case for you and it may cause you harm, it is against the law in Thailand.

The time frames so far are much faster then anything I experienced in California.

The same rules of evidence apply here as the system I had worked in the U.S., no hearsay.

To win only file on the appropriate laws use physical eveidnce to support your cliam and in my experience I was not treated any differently then anyone else.

Don't listen to what people think, once a rumor is started eventually it becomes a truth in people minds.

Now there is one more appeal, he is laible for 7% interest form date of filing, that is a lot better then you can get in a Bank today. You will pay filing ect, till the case finished. There are no free lunches involved. So think before you act, a settlement in the end is really best for everyone involved.

In this case the man I sued believed the rumors and he was Thai.

Nothing is going to be any different here I can still lose on appeal. I still have to collect. The guy isn't going to hand me money I know that. So it won't be any surpise to me. I am prepared for that.

Don't base your life here on Rumors guys.

Could be dangerous considering the Thai would be better of if you werent around - and 7 years to think about it, just a thought!

This is the very type of scaremongering that the OP is referring to racoon! Why do people like you insist on doing this?

Do you really think that even the stupidest person will consider bumping someone off someone that they are in the middle of a legal and costly dispute with? I mean, <deleted>! I really can't comprehend the type of person in Thailand that falls into this bracket-too much local lao kao with the local wannabees? Thai soap overload? Hanging with wristbanded farang psycophants? What is it? The ming really boggles!

Anyway, back on topic. I have been through the Labour Court system and to cut a long story short: Employer thought they could please themselves as i was a foreigner. Thai court officials taught them otherwise and they paid out 200,000. Completely employee sympathetic and a transparent process. In fact the judges annoyance at their ignorance and attitude towards Labour Law process was evident for all to see. Black, white, Asian or European (even Aussies :) ), everyone is treated according to the laws of the land. So please, stop listening to these knuckleheaded Galoots and stand up for yourselves!

There, i feel much better :D

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This is the very type of scaremongering that the OP is referring to racoon! Why do people like you insist on doing this?

Do you really think that even the stupidest person will consider bumping someone off someone that they are in the middle of a legal and costly dispute with? I mean, <deleted>! I really can't comprehend the type of person in Thailand that falls into this bracket-too much local lao kao with the local wannabees? Thai soap overload? Hanging with wristbanded farang psycophants? What is it? The ming really boggles!

Anyway, back on topic. I have been through the Labour Court system and to cut a long story short: Employer thought they could please themselves as i was a foreigner. Thai court officials taught them otherwise and they paid out 200,000. Completely employee sympathetic and a transparent process. In fact the judges annoyance at their ignorance and attitude towards Labour Law process was evident for all to see. Black, white, Asian or European (even Aussies :) ), everyone is treated according to the laws of the land. So please, stop listening to these knuckleheaded Galoots and stand up for yourselves!

There, i feel much better :D

Luang,

Very inapropriate that you like to single out ethiniticity in a reply,especially as the op clearly stated his country of origin.

Fools rush in where angels fear to tread.

Get a life buddy

Now I feel a lot better "knucklehead"

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I can' tell you how many times I have been told you can't win in the Thai Court system.

I filed a case about four years ago against a local builder I won, it waa appealed. We just got the verdict on the appeal today, we won again. He will file another appeal and we are probably looking at seven or so years on a verdict on that which is the last stop of the process. So it would be very hard to convience me that the Thai Courts won't treat your fairly.

There was perjury committed by two witneses ( many other as well) I could actually pursue if I cared to, I don't. But I will leave to the lawyer.

Why did I win because I prepared the case properly had a key witness and physical evidence to prove my case. The Courts did not believe the witnesses that perjuried themselves. I have been very careful never to list anyones name in anything I have posted. It won't win a case for you and it may cause you harm, it is against the law in Thailand.

The time frames so far are much faster then anything I experienced in California.

The same rules of evidence apply here as the system I had worked in the U.S., no hearsay.

To win only file on the appropriate laws use physical eveidnce to support your cliam and in my experience I was not treated any differently then anyone else.

Don't listen to what people think, once a rumor is started eventually it becomes a truth in people minds.

Now there is one more appeal, he is laible for 7% interest form date of filing, that is a lot better then you can get in a Bank today. You will pay filing ect, till the case finished. There are no free lunches involved. So think before you act, a settlement in the end is really best for everyone involved.

In this case the man I sued believed the rumors and he was Thai.

Nothing is going to be any different here I can still lose on appeal. I still have to collect. The guy isn't going to hand me money I know that. So it won't be any surpise to me. I am prepared for that.

Don't base your life here on Rumors guys.

As you state, win or lose the issue is getting the award paid..there is a line or two in the Thai law books which says that if the defendent declares "poverty" you are SOL with little or no recourse.. ...it goes on and on as you have found out...good luck mate. What with the The frustration/stress and effect on your life/health ...

In any country the onus is always on the Plaintiff to prove the case.....settlement is always best..or so Hollywood ( A Civil Action) says..getting paid there is the rub.....

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Ok a judgement is a piece of paper I know that I worked Civil Enforcement for seven years for the Sheriff's Department, in California nothing new here to me.

If you start a case in Superior Court in California, then to the Court of Appeals and then to the Supreme court seven years is nothing.

If I was afraid of the man I would not have done it in the first place.

I will pursue this and yes I will find a way to collect.

That is the system here the alternative is to choose to be a victim and cry on everyones shoulder about the what if's, no thanks I'll pass.

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Whilst Luang poors scorn on some of the rumours/death-threats/assaniations etc that a farang could be liable for if they sue a Thai person, bear in mind that for many Thai people, the rules of logic and common-sense seem to have passed them by! Thai people do kill others or commit aggressive acts when it is totally obvious to everyone else that they are the guilty party!

I have personally witnessed an arranged killing (in Phuket a few years ago and I was just 4 meters away when the killer shot his victim), where it was 100% clear that the killer was hired by the victim's wife. Was she ever investigated/charged? No!

Life can be very cheap here and some Thais consider a loss of face as a major insult. Be careful

Simon

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Whilst Luang poors scorn on some of the rumours/death-threats/assaniations etc that a farang could be liable for if they sue a Thai person, bear in mind that for many Thai people, the rules of logic and common-sense seem to have passed them by! Thai people do kill others or commit aggressive acts when it is totally obvious to everyone else that they are the guilty party!

I have personally witnessed an arranged killing (in Phuket a few years ago and I was just 4 meters away when the killer shot his victim), where it was 100% clear that the killer was hired by the victim's wife. Was she ever investigated/charged? No!

Life can be very cheap here and some Thais consider a loss of face as a major insult. Be careful

Simon

Couldn't agree more remember 2 cases in central Thailnand KP and N Sawan

You are worth less than a 2nd hand bike is the phrase that my friend recalls from the BIB after a prominent falang "removed".

We were forbidden from photgraphing evidence as the principals were \well connected'

I offerd to go embassy route as was about to leave for Europe other falangs begged me not to as they had to stay with their families and were not imagiining intimadation,they were intimidated by armed men at home.

2nd I sued in UK took 7 years but as I was sueing lawyers successfully and setting a precedent they paid damages early and special damages later,of course law society insureres footed bill.

3rd However here in things are somewaht different,you may get judgement but cash can be harder even assuming the defendent has assets in his name.

I cite in a recent case Thoeng court ordered house sold to pay a falang 500k owed and proven and that it not be mortgaged,

It was and the plaintiffs legal team and family were intimidated.The falang involved is left penniless,while the defendent who also robbed temple charity in same location opely trades at present.He has cheated a large Lao "phu yai "of a larger amount' and will like those befroe no doubt float to cambodia as they say here,never quite sure if in concrete shoes or just vanish into some khmer wild west?

This will still leave the falang with the legal bills a judgement and 7 years to evict a widow and kids.

My honest adviceif you can possibly afford to is walk away bite on it as I have had to when stuffed by corrupt traders in Uk who owed thousands,bailiffs warrants etc become just good money after bad if your dealing with crooks.They'll abscond go bankrupt put in wifes name or as Simon suggests worse,I know this is contray to justice right and letting them get way with it but it can eat you.

Ask yourself is it worth it? The stress the anxiety and becoming a target,maybe `I'd sooner not.

Good luck and keep us all updated.

Edited by RubbaJohnny
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I can' tell you how many times I have been told you can't win in the Thai Court system.

I filed a case about four years ago against a local builder I won, it waa appealed. We just got the verdict on the appeal today, we won again. He will file another appeal and we are probably looking at seven or so years on a verdict on that which is the last stop of the process. So it would be very hard to convience me that the Thai Courts won't treat your fairly.

There was perjury committed by two witneses ( many other as well) I could actually pursue if I cared to, I don't. But I will leave to the lawyer.

Why did I win because I prepared the case properly had a key witness and physical evidence to prove my case. The Courts did not believe the witnesses that perjuried themselves. I have been very careful never to list anyones name in anything I have posted. It won't win a case for you and it may cause you harm, it is against the law in Thailand.

The time frames so far are much faster then anything I experienced in California.

The same rules of evidence apply here as the system I had worked in the U.S., no hearsay.

To win only file on the appropriate laws use physical eveidnce to support your cliam and in my experience I was not treated any differently then anyone else.

Don't listen to what people think, once a rumor is started eventually it becomes a truth in people minds.

Now there is one more appeal, he is laible for 7% interest form date of filing, that is a lot better then you can get in a Bank today. You will pay filing ect, till the case finished. There are no free lunches involved. So think before you act, a settlement in the end is really best for everyone involved.

In this case the man I sued believed the rumors and he was Thai.

Nothing is going to be any different here I can still lose on appeal. I still have to collect. The guy isn't going to hand me money I know that. So it won't be any surpise to me. I am prepared for that.

Don't base your life here on Rumors guys.

Twelve years ago i won a court case, the 7% interest from date of filing etc etc.I have never received one Baht. I was told that the case would remain open for 10 years after that it would be closed, so my advice to you is don't hold your breath! I was just happy to win and prove a point, going after my money more that that could have cost me my life, as has been pointed out already by Simon. Good luck.

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I would be very wary of Thai court system after experience with ex-wife. While separated, more than a year, she entered my home and stole a credit card and blue book for my truck. By the time I realized, had lost B350,000 out of bank a/c and truck had been changed to her name and used as collateral for a B300,000 loan. I might add that had I paid the debt, the finance company would not have returned the book to me as it was in her name. Also, when I asked local BIB to locate fraudulent transfer, the document had disappeared.

Under Thai I had no right to any action as we are/were the same legal identity. To obtain a divorce, I would have to pay a settlement to her, either agreed, or half of my possessions, I assume only those in Thailand. I flew to Australia, registered for Social Security, and was granted a no-cost divorce on the grounds that we had been separated more than one year, after signing a declaration that I had no idea where she was living (true).

The divorce is recognized here, as was the marriage here recognized in Australia

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I would be very wary of Thai court system after experience with ex-wife. While separated, more than a year, she entered my home and stole a credit card and blue book for my truck. By the time I realized, had lost B350,000 out of bank a/c and truck had been changed to her name and used as collateral for a B300,000 loan. I might add that had I paid the debt, the finance company would not have returned the book to me as it was in her name. Also, when I asked local BIB to locate fraudulent transfer, the document had disappeared.

Under Thai I had no right to any action as we are/were the same legal identity. To obtain a divorce, I would have to pay a settlement to her, either agreed, or half of my possessions, I assume only those in Thailand. I flew to Australia, registered for Social Security, and was granted a no-cost divorce on the grounds that we had been separated more than one year, after signing a declaration that I had no idea where she was living (true).

The divorce is recognized here, as was the marriage here recognized in Australia

Your ex-wife seems to have commited several criminal offences.

One of theft and three of fraud by withdrawing funds from your bank account,

Changing the ownership of your truck to her name and using the truck as collateral

when she did not legally own it.

On the other hand was the bank account in a joint name? Was the truck in a joint name?

Documents dissapearing? Yes, very likely in Thailand.

Yes, you are quite correct not to trust the legal system in Thailand.

Also a lesson for others, make sure bank accounts are not in joint names and keep all

cards secure in your possession.

Financial security with bank accounts in Thailand is not the same as in Australia.

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Quote from post #16.

"Under Thai I had no right to any action as we are/were the same legal identity"

In other words you could not take legal action against your wife under Thai law even though she has commited several criminal offences. But you could if you had been divorced?

How long before you realised that the CC and blue book were missing? She must have withdrawn the money from your account very shortly afterward it would have showed up on your statement. Of course if the CC was in joint names she would have obtained the money legally.

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Bank a/c not in joint names, same for truck. The only offense BIB would admit was illegal transfer of ownership which requires my signature several times. I do keep photocopies of my passport at home, but these also require a signature. As transfer documents could not be found, no case.

As a second issue, she assaulted me using a meat-cleaver, and I copped a few cuts around the face and arms. BIB refused to take action in a "domestic". I informed them that should she return, I would kill her and use knife with her fingerprints in my blood as evidence of self-defense. BIB subsequently visited my home and demanded knife as evidence of previous attack about 1 month earlier. I told them that I had thrown it in garbage and they wanted to search my house without warrant. When I told them that I was calling my lawyer to see if that was permissable under thai law, they left.

As she has little money, I am hoping she is paying BIB with sexual services as she is HIV+. I am not. This was not the cause of separation, and while separated I was paying for her bi-monthly trips to Bangkok and medical fees.

My lawyer assures me that while married and even while separated, we are the same legal identity. no charges of theft can be brought, as everything you own also belongs to her.

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I would be very wary of Thai court system after experience with ex-wife. While separated, more than a year, she entered my home and stole a credit card and blue book for my truck. By the time I realized, had lost B350,000 out of bank a/c and truck had been changed to her name and used as collateral for a B300,000 loan. I might add that had I paid the debt, the finance company would not have returned the book to me as it was in her name. Also, when I asked local BIB to locate fraudulent transfer, the document had disappeared.

Under Thai I had no right to any action as we are/were the same legal identity. To obtain a divorce, I would have to pay a settlement to her, either agreed, or half of my possessions, I assume only those in Thailand. I flew to Australia, registered for Social Security, and was granted a no-cost divorce on the grounds that we had been separated more than one year, after signing a declaration that I had no idea where she was living (true).

The divorce is recognized here, as was the marriage here recognized in Australia

Seeing as wifey at the time was not legally Ex-wifey, technically she hasnt done anything wrong "legally"....morally certainly wrong, I have first hand experience with something similar with my darling ex wife in the UK and I paid a visit to the local plods to lay a charge and was told this is a "family matter" as we where not legally divorced at the time and and plods suggestion....talk to my lawyer, could be used in the divorce court, but not the criminal court...

So this sort of thing is not just restricted to Thai law...

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I would be very wary of Thai court system after experience with ex-wife. While separated, more than a year, she entered my home and stole a credit card and blue book for my truck. By the time I realized, had lost B350,000 out of bank a/c and truck had been changed to her name and used as collateral for a B300,000 loan. I might add that had I paid the debt, the finance company would not have returned the book to me as it was in her name. Also, when I asked local BIB to locate fraudulent transfer, the document had disappeared.

Under Thai I had no right to any action as we are/were the same legal identity. To obtain a divorce, I would have to pay a settlement to her, either agreed, or half of my possessions, I assume only those in Thailand. I flew to Australia, registered for Social Security, and was granted a no-cost divorce on the grounds that we had been separated more than one year, after signing a declaration that I had no idea where she was living (true).

The divorce is recognized here, as was the marriage here recognized in Australia

Seeing as wifey at the time was not legally Ex-wifey, technically she hasnt done anything wrong "legally"....morally certainly wrong, I have first hand experience with something similar with my darling ex wife in the UK and I paid a visit to the local plods to lay a charge and was told this is a "family matter" as we where not legally divorced at the time and and plods suggestion....talk to my lawyer, could be used in the divorce court, but not the criminal court...

So this sort of thing is not just restricted to Thai law...

As stated the bank account and truck ownership was not in joint names.

To access and withdraw money she must have had his PIN number of the card

or she would have to provide ID at the bank.She would have to sign for the withdrawal

the signatures would not be the same. She could not use her husbands ID.

In Australia I could not even report that my wife had had her ATM card taken by a faulty

ATM machine so it could be cancelled, it had to be done by herself in person at the bank

and she had to produce ID. I cannot access my wifes bank account and she cannot access

mine, that is why we have bank security and you never give your PIN to anyone including your wife.

The fact that the documentation has "disapeared" indicates fraud and the bank wants to deny responsibility. On the statement it would indicate if the money had been withdrawn by several transactions at an ATM or if it was an "over the counter" withdrawal.

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As stated the bank account and truck ownership was not in joint names.

To access and withdraw money she must have had his PIN number of the card

or she would have to provide ID at the bank.She would have to sign for the withdrawal

the signatures would not be the same. She could not use her husbands ID.

In Australia I could not even report that my wife had had her ATM card taken by a faulty

ATM machine so it could be cancelled, it had to be done by herself in person at the bank

and she had to produce ID. I cannot access my wifes bank account and she cannot access

mine, that is why we have bank security and you never give your PIN to anyone including your wife.

The fact that the documentation has "disapeared" indicates fraud and the bank wants to deny responsibility. On the statement it would indicate if the money had been withdrawn by several transactions at an ATM or if it was an "over the counter" withdrawal.

Not disagreeing with you that these sort of actions are wrong, they are, but even in my experience in the UK, the things were in my name as well, and yes in my opinion it was fraud, but the local plods disagreed and basically said there was nothing the could (or would) do about it.

Suppose under law, a legally married couple have some sort of "legal" identity/connection, another example of this I guess would be a wife is not legally required to testify against here husband in court cases ?

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Family Law, boy that is a different ball game all together. My ex in the states had credit cards I didn't even know about. I couldn't cancel them, but I did have to make the payments I let them go to collections before I paid them off. Two things I have to say about that, don't look for logic when so much emotion is involved. Secondly how in the world can you have a marriage without trust.

Indio California saw a guy stabbed to death because the other guy wanted the chair at the bar he was sitting in. I could go on and on about the cruelty of man to his fellow man. Nothing exclusive to Thailand.

That didn't mean I lived my life in fear there because of a legal action's. I don't live my life here in fear either if I did I would leave.

The topic is really did I get a fair shake from the Thai Courts. I was treated just a Thai's are I don't think you can ask for much more then that.

Anyone esle notice that all the fears rumor's that came wonder if that was learned in a bar or a Court.

In the end of each of us have to decide how we will live our lives here this is the path that I'm taking. What others do is their business.

If you take the trouble you can research the Thai law with the english transalation. That is what I relied upon.

By the way my Lawyer said it will be more like four years.

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