macanello Posted November 28, 2009 Share Posted November 28, 2009 Just need a piece of advice as I know nothing about Thai law. A so called friend borrowed 200,000 baht from me in february and it should have been paid back by March. Anyway the transfer was done from my account Thai to his account Thai so I have the transfer slips. He gives me a new story every month about why he doesn't have the funds to pay me back, so I have decided to get a lawyer on the case as I don't see how and when I'll ever get the money back. My so called friend is Singaporean and I'm from the UK. I know it was stupid of me to do this in the first instance but all I need now is some helpful advice on what I can legally do. Cheers Macanello Link to comment Share on other sites More sharing options...
needforspeed Posted November 28, 2009 Share Posted November 28, 2009 Dear victim, Can do F@* all, i had the same few years ago also a guy from Singapore he supose to setup a Thai company for me and needed some cash advance, as he became a "friend" i give him the cash, after always another sad story. Sometime he start crying as well, very sad. Till i saw him sitting in a bar with 3 Girls for a local Go Go bar. Put him under presure he disapered. Got a laywer to find him and try tu sue him. I end up with headache for a year, lawyer bill same amount as needed to collect and the guy still walking around somewhere. My advice, forget about it and see this as a very expensive lesson. Welcome in Thailand Link to comment Share on other sites More sharing options...
macanello Posted November 28, 2009 Author Share Posted November 28, 2009 Unfortunately I can't walk away from this. He is married to a Thai and has two Thai born kids. He is still doing this as we speak as someone I know was approached for a loan only yesterday. Need to at least name and shame him somewhere so he stops this charade. I have his name, address, company names etc Link to comment Share on other sites More sharing options...
Soutpeel Posted November 28, 2009 Share Posted November 28, 2009 If he doesnt have the money to give you back or assets that could attached, you could end up spending a lot of money on lawyers to get a judgement against him, but still not recover the money or may only get a small amount back every week or month... Personally unless you can find something you can "attach" ie property/car etc I would just write this off as lesson learnt and not bother with a lawyer....sad but true... Link to comment Share on other sites More sharing options...
Soutpeel Posted November 28, 2009 Share Posted November 28, 2009 Need to at least name and shame him somewhere so he stops this charade.I have his name, address, company names etc I wouldnt be naming and shaming this indivdual on TV, as think you will fall foul of the mods very quickly. All you can do is spread the word via friends/family collegues etc... Link to comment Share on other sites More sharing options...
mrtoad Posted November 28, 2009 Share Posted November 28, 2009 My advice, forget about it and see this as a very expensive lesson. I don't think it is an issue of forgetting it. The OP is looking at what legal options there are to make it possibly uncomfortable for the debtor which may encourage him to cough up the money. I think the OP has evidence to suggest that money was exchanged, and other witness to how the money was requested. I would hazard a guess that there is certainly some ways to at least document the debtors activities. As Macanello has said the debtor is still around and about - and what he is looking for is advice, not just comments such as "forget it" and "welcome to Thailand". Link to comment Share on other sites More sharing options...
mrtoad Posted November 28, 2009 Share Posted November 28, 2009 Need to at least name and shame him somewhere so he stops this charade.I have his name, address, company names etc I wouldnt be naming and shaming this indivdual on TV, as think you will fall foul of the mods very quickly. All you can do is spread the word via friends/family collegues etc... I don't think he was suggesting that he was going to do it on TV, but there are a few places where he can do it, as you have suggested. Link to comment Share on other sites More sharing options...
TallForeigner Posted November 28, 2009 Share Posted November 28, 2009 Have you got any evidence that you gave him a loan? Your bank slip just shows that you transferred money into his account, but it doesn't show that you gave him a loan. With evidence I mean something like a written loan agreement with his yours and his signatures. Without such evidence don't even think of contracting a lawyer - the thug could even claim that you just donated him the money and he doesn't need to pay it back. Link to comment Share on other sites More sharing options...
macanello Posted November 28, 2009 Author Share Posted November 28, 2009 Only evidence is a third party ready to testify that it was indeed a loan. Third party was contacted by the guy to ask me for a loan Link to comment Share on other sites More sharing options...
needforspeed Posted November 28, 2009 Share Posted November 28, 2009 Unfortunately I can't walk away from this.He is married to a Thai and has two Thai born kids. He is still doing this as we speak as someone I know was approached for a loan only yesterday. Need to at least name and shame him somewhere so he stops this charade. I have his name, address, company names etc I dont know how long you been over here but i been here for a long time and saw and still see/hear on a monthly base scammers like your friend. You not his first victim and sure not the last one, but going to a lawyer brings you nowhere and ending up in more debt and stress for a period off time. To protect others from this kind off animals ist'n worth the efforts, and causes that he never makes anny efforts to pay you back. If not play the hard way, just be his friend and try to collect bit by bit. Link to comment Share on other sites More sharing options...
carmine Posted November 28, 2009 Share Posted November 28, 2009 Unfortunately I can't walk away from this.He is married to a Thai and has two Thai born kids. He is still doing this as we speak as someone I know was approached for a loan only yesterday. Need to at least name and shame him somewhere so he stops this charade. I have his name, address, company names etc Remember the phrase "throwing good money after bad". Take the advice from the above post...he's right Link to comment Share on other sites More sharing options...
macanello Posted November 28, 2009 Author Share Posted November 28, 2009 Mods, you might as well close the thread as it seems its impossible to do anything except take the law into your own hands Link to comment Share on other sites More sharing options...
carmine Posted November 28, 2009 Share Posted November 28, 2009 Mods, you might as well close the thread as it seems its impossible to do anything except take the law into your own hands Sorry to be negative and i don't like to see things like this happen to decent people. But the pragmatist in me says walk away and move on. Lesson hard learnt. Sorry for your troubles. Link to comment Share on other sites More sharing options...
LawnGnome Posted November 28, 2009 Share Posted November 28, 2009 Take a baseball bat to his kneecaps - it works in New Jersey. Link to comment Share on other sites More sharing options...
needforspeed Posted November 28, 2009 Share Posted November 28, 2009 Mods, you might as well close the thread as it seems its impossible to do anything except take the law into your own hands But thats not a option as this causes you only more problems, just be aware all the time. People who have money don't talk about it as this brings them only in situations like you experience. Never borrow money to people without garantee (gold) loose a friend and the money. Link to comment Share on other sites More sharing options...
Soutpeel Posted November 28, 2009 Share Posted November 28, 2009 My advice, forget about it and see this as a very expensive lesson. I don't think it is an issue of forgetting it. The OP is looking at what legal options there are to make it possibly uncomfortable for the debtor which may encourage him to cough up the money. I think the OP has evidence to suggest that money was exchanged, and other witness to how the money was requested. I would hazard a guess that there is certainly some ways to at least document the debtors activities. As Macanello has said the debtor is still around and about - and what he is looking for is advice, not just comments such as "forget it" and "welcome to Thailand". The issue is not so much of a legal issue of whether he could win his case or not, he has evidence and most likley will win his case and the court orders repayment... The issue is whether he would actually get his money back..?? most likely not unless there is something to attach.. Suppose the next question is....does Thailand have a debtors prison ??...if it does the person could get jail time...but would this get the cash back ??...no and you will have spent a considerable amount of cash on a lawyer and possibly in practice it could end up costing even more money than you are owed.. Link to comment Share on other sites More sharing options...
mrtoad Posted November 28, 2009 Share Posted November 28, 2009 The issue is not so much of a legal issue of whether he could win his case or not, he has evidence and most likley will win his case and the court orders repayment... The issue is whether he would actually get his money back..?? most likely not unless there is something to attach.. Suppose the next question is....does Thailand have a debtors prison ??...if it does the person could get jail time...but would this get the cash back ??...no and you will have spent a considerable amount of cash on a lawyer and possibly in practice it could end up costing even more money than you are owed.. I hear what you are saying, and I think we all know that Lawyers will just eat into the money. I am wondering though if it would be possible to at least just go and file a police report, or something like that? Link to comment Share on other sites More sharing options...
needforspeed Posted November 28, 2009 Share Posted November 28, 2009 My advice, forget about it and see this as a very expensive lesson. I don't think it is an issue of forgetting it. The OP is looking at what legal options there are to make it possibly uncomfortable for the debtor which may encourage him to cough up the money. I think the OP has evidence to suggest that money was exchanged, and other witness to how the money was requested. I would hazard a guess that there is certainly some ways to at least document the debtors activities. As Macanello has said the debtor is still around and about - and what he is looking for is advice, not just comments such as "forget it" and "welcome to Thailand". The issue is not so much of a legal issue of whether he could win his case or not, he has evidence and most likley will win his case and the court orders repayment... The issue is whether he would actually get his money back..?? most likely not unless there is something to attach.. Suppose the next question is....does Thailand have a debtors prison ??...if it does the person could get jail time...but would this get the cash back ??...no and you will have spent a considerable amount of cash on a lawyer and possibly in practice it could end up costing even more money than you are owed.. Still it doesn't garantee with a court order in hand that you can collect the debt, the issue a court order but where is the follow up on this. Police not intresting at all. Link to comment Share on other sites More sharing options...
Soutpeel Posted November 28, 2009 Share Posted November 28, 2009 The issue is not so much of a legal issue of whether he could win his case or not, he has evidence and most likley will win his case and the court orders repayment... The issue is whether he would actually get his money back..?? most likely not unless there is something to attach.. Suppose the next question is....does Thailand have a debtors prison ??...if it does the person could get jail time...but would this get the cash back ??...no and you will have spent a considerable amount of cash on a lawyer and possibly in practice it could end up costing even more money than you are owed.. I hear what you are saying, and I think we all know that Lawyers will just eat into the money. I am wondering though if it would be possible to at least just go and file a police report, or something like that? Guess you could..but dont see Thailand finest to be very interested as this is a civil matter, the person concerned hasnt broken any criminal laws and the OP gave him the money... Maybe lay a complaint, as we know in Thailand the BiB requested a face to face at the police station between the two parties...person concerned doesnt turn up and they could issue an arrest warrant...but this would work only if the BiB would accept this complaint..which I dont really see them doing...even if he succeeded, would he get his money back ???....so the OP must decide whether all he wants is his money back or does he want to "go after" the person concerned irrespective of whether he gets his money back or not Link to comment Share on other sites More sharing options...
Pakboong Posted November 28, 2009 Share Posted November 28, 2009 The local loan sharks have been in business a long time and their collection method is the only one effective. Employ their method or forget the debt. Link to comment Share on other sites More sharing options...
needforspeed Posted November 28, 2009 Share Posted November 28, 2009 The local loan sharks have been in business a long time and their collection method is the only one effective. Employ their method or forget the debt. And your friend Link to comment Share on other sites More sharing options...
Patong Bob Posted November 28, 2009 Share Posted November 28, 2009 When I loaned a friend some money to go back to Oz and claim an Age Pension we drew up an agreement and had it witnessed by my accountant and another partner, thus ensuring that if he returned and did not pay he could be arrested. Had no problems at all, witnesses were probably not needed but loaning money anywhere it should be legally enforcible. Link to comment Share on other sites More sharing options...
Maizefarmer Posted November 28, 2009 Share Posted November 28, 2009 macanello - what were the repayment terms? Well, you need now to get a repayment plan re-instated and on paper - thats your starting point as it will also amount to an acknowledgement of the debt on paper. Now wait for him to default, follow through with a formal demand (registered post) and indication that legal process will follow if he doesn't ful fill his side of the deal - and carry on like this for a few months .... now you have an undisputable situation evidencing both the loan and failure to repay by the agreed terms. Do a bit of background digging into his fiancnial affairs - what he has and where its kept so you know what is worth chasing and where it's kept. take the evidence to a lawyer and ask him to ask the court to "attach" the assets - if you have all the evidence as described above good chance the judge will give you a court ordered final demand - failure to follow through with that will upset the judge - "attaching" his assets with a court order will now be a formality. It all really rests on wheather the guy has anything or not - so get a plan worked out, keep your cool, follow the rules, and act on the evidence avalible - don't throw good money at bad: you don't want to be paying a lawyer for endless letter writing and time spent - have a plan and stick to it. Link to comment Share on other sites More sharing options...
macanello Posted November 28, 2009 Author Share Posted November 28, 2009 macanello - what were the repayment terms?Well, you need now to get a repayment plan re-instated and on paper - thats your starting point as it will also amount to an acknowledgement of the debt on paper. Now wait for him to default, follow through with a formal demand (registered post) and indication that legal process will follow if he doesn't ful fill his side of the deal - and carry on like this for a few months .... now you have an undisputable situation evidencing both the loan and failure to repay by the agreed terms. Do a bit of background digging into his fiancnial affairs - what he has and where its kept so you know what is worth chasing and where it's kept. take the evidence to a lawyer and ask him to ask the court to "attach" the assets - if you have all the evidence as described above good chance the judge will give you a court ordered final demand - failure to follow through with that will upset the judge - "attaching" his assets with a court order will now be a formality. It all really rests on wheather the guy has anything or not - so get a plan worked out, keep your cool, follow the rules, and act on the evidence avalible - don't throw good money at bad: you don't want to be paying a lawyer for endless letter writing and time spent - have a plan and stick to it. Sound advice I'm going to take this rote as I have his family's address in Singapore as well as other things mentioned above. It is so frustrating when someone who is in the wrong walks away looking good and swank but I will keep my cool.Thanks for that. Much appreciated Macanello Link to comment Share on other sites More sharing options...
Soutpeel Posted November 28, 2009 Share Posted November 28, 2009 It is so frustrating when someone who is in the wrong walks away looking good and swank You could apply the same description to the financial insitutions in both the UK and US.. Sorry..... had to throw that one in ... Link to comment Share on other sites More sharing options...
Thongkorn Posted November 28, 2009 Share Posted November 28, 2009 # My Mam Said never loan money to friends , that way you keep friends. Link to comment Share on other sites More sharing options...
PoorSucker Posted November 28, 2009 Share Posted November 28, 2009 Sell the loan to the sharks. Link to comment Share on other sites More sharing options...
Birdman Posted November 28, 2009 Share Posted November 28, 2009 Apart from Maizfarmer's good advice consider that: Call him and record the call in which he clearly admits all (the loan, unable to repay until now, agreement on new deadline etc). Give him a little more time. If nothing happens, call and record that again. Offer him monthly repayments and try to get a written confirmation for that. If nothing happens, put pressure on him by sending a registered formal demand or let a lawyer send that document... Link to comment Share on other sites More sharing options...
BusyB Posted November 28, 2009 Share Posted November 28, 2009 This ofcourse is too late for you in this case, but for the future and anyone else whostrays this way: I once heardyou should never lend money, but only give it away as a present. That has four main advantages: 1/ Younever hand over more than you can afford to lose. 2/ You onlygive it to people who are really dear to you and/or in genuine need. 3/ If you don’t get it back it’s no problem,and if you do it’s a bonus. 4/ Thatsaves precious friendships – even thebest intentioned can find themselves unable to service a loan. Also, gottaremember these scammers have been in business a lot longer than we’ve been inthe credit facilities business. I wouldalso suspect that the scammer has a lot more access to people with baseballbats than your average TV pundit (including me). I have beenscammed before and learned at an early age (17, in Singapore oho!), so you dohave my sympathies. Regard it as tuition fees if possible – even in less, let’ssay judicially challenged countries than Thailand, you’d have a hard timewinning that claim in a court of law. Link to comment Share on other sites More sharing options...
Briggsy Posted November 28, 2009 Share Posted November 28, 2009 Contact a loan shark. Offer him 50% of any monies collected. Link to comment Share on other sites More sharing options...
.png.3b3332cc2256ad0edbc2fe9404feeef0.png)
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now