Thai Law

[h1lander]

I received a text message from my Thai lady today (I stay in UK) and to say she is in a panic is putting it mildly because she feels that what is happening may well impact on her visa application to come to the UK.

She said that I needed to read her latest email to get the details which are these:-

She has stood as guarantor for a friend to buy a second-hand car costing 450,000B. Her friend has defaulted on her payments once or twice and my lady has been summoned to court in Chanthaburi province on Wednesday.

My lady is a counry girl and admits to having no understanding of the law (nor I suspect of the implications of standing as a guarantor!

Can anyone give me advice on this sorry story regarding possible consequences to my lady and our quest for a visa? I would be most grateful for any input.

[Mario2008]

That she stood as guarantor means that she has to pay in case the original debtor doesn't, as now seems to be the case. Seems strange that they go to court for only a few months and not just ask your wife to pay the terms, without going to court first.

When the car is paid for, believe your wife can sell it to get (some of) her money back.

[Slaps]

Send her the money

poor girl

[RickBradford]

I would strongly advise you to resist any suggestions (if any arise) that you personally make up any shortfall in the guaranteed cash in order to to solve this distressing situation.

[Mario2008]

Moved to general, as more suitable forum.

[wolf5370]

Crikey Mario you're on a roll today - I think its the third post I lost because a post had been moved between typing and clicking submit - slow down there man (erm, bear) - Jai Yen, relax

By the way I think you should have moved it to the "Can you guess what will happen next?" forum.

//Reason for Edit - typing with elbows is not a good idea //

[Mario2008]

Not knowing the situation of the OP, I don't think it is fair to him and his lady to automatically suspect that this is a ploy to receive money from him.

[givenall]

Although e everyone is advising you no to be fooled and get stock with paying money for this case and I do agree to what they are advising. I believe you still want to know if this will impact her visa to UK. The Embassy mostly look at her education, her family and community ties, how much money and/or property she or her parents have. I don’t believe they do credit check as it is not very common in Thailand

[torrenova]

She would not face a criminal prosecution and as such would not receive a criminal record for a civil debt. How the Thai law could convert this by a court ordering her to pay X amount and her then not doing so, thus finding herself in contempt of court or in breach of a court order and thus acquiring a criminal record, I do not know.

The best thing is to get the car sold. That will crystallise the debt and it may be that the finance company will not allow it but what other alternative is there apart from her paying the monthly repayments ?

Is the car worth more than the debt ?

[Thongkorn]

How can a country girl , Guarantor for nearly 500,000 baht, I smell a sick Buffalo,

[drum]

do you know if the company loaning the money,made a credit report on your friend to see, if she had to be called on to honor the debt as guarnantor she had funds to do so,,i doubt it,no court would make her honor the debt,unless they have proof of this,,,

more likely the car will be recalled,sold on,,and said owner left to pay out standing monies,

[h1lander]

I thank you all for your input. I have to admit that I am somewhat reluctant to send any money as I have no wish to be lumbered with paying off this car for my fiancee's friend. I would have thought the finance company would have siezed the car and chased for outstanding debt - no?

Yes my main concern is what the chances are of my fiancee being criminally charged and thus screwing our chances of getting a visa for the UK.

[drum]

I thank you all for your input. I have to admit that I am somewhat reluctant to send any money as I have no wish to be lumbered with paying off this car for my fiancee's friend. I would have thought the finance company would have siezed the car and chased for outstanding debt - no?

Yes my main concern is what the chances are of my fiancee being criminally charged and thus screwing our chances of getting a visa for the UK.

i would think very little chance of screwing up a visa,,

[sanook2me]

Yes my main concern is what the chances are of my fiancee being criminally charged and thus screwing our chances of getting a visa for the UK.

Sounds like a keeper

Whats going to happen to her in the UK when she hits the high street.... buy now pay later.... nothing to pay for 2 years.... interest free.... do you need a loan.... !

Finks she needs educating a little... thats £10,000 she guarantord for a friend and she is a poor farmers daughter

I hope she makes to the UK so you can write the next chapters on here

[h1lander]

Oh I just love this site!

Heard from a lawyer in BKK that the finance company will reclaim car. It will not affect her visa application.

Thanks again for all your comments - and yes - will keep you posted from time to time - provided I still have a computer, home etc!

[thaiozy]

That she stood as guarantor means that she has to pay in case the original debtor doesn't, as now seems to be the case. Seems strange that they go to court for only a few months and not just ask your wife to pay the terms, without going to court first.

When the car is paid for, believe your wife can sell it to get (some of) her money back.

Well Well ! yet another storie of thai shall get car & make lots of money selliing whatever & not realising the costs.

Bad enough from a thai family member net alone a so called friend.

Nearly been there before so did some checking & the only way for her to become guarantor would be to have a nicely balanced bankbook (like my wifes was when building house ) I SAID NO because this would then put the house in the line of fire of selling & she would have the balance taken out of her half.

So mother hocked her land/house & yes just start here from the begining (they still seem to have possession some how

[h1lander]

That she stood as guarantor means that she has to pay in case the original debtor doesn't, as now seems to be the case. Seems strange that they go to court for only a few months and not just ask your wife to pay the terms, without going to court first.

When the car is paid for, believe your wife can sell it to get (some of) her money back.

Well Well ! yet another storie of thai shall get car & make lots of money selliing whatever & not realising the costs.

Bad enough from a thai family member net alone a so called friend.

Nearly been there before so did some checking & the only way for her to become guarantor would be to have a nicely balanced bankbook (like my wifes was when building house ) I SAID NO because this would then put the house in the line of fire of selling & she would have the balance taken out of her half.

So mother hocked her land/house & yes just start here from the begining (they still seem to have possession some how

Well, time has passed and nothing has happened regarding the car!

Moving on, we applied for a fiance visa for my lady to come back to the UK with me at the end of my next visit to Thai which will be the 28th April 2010.

Guess what?!! - we didn't get the visa!! - and we are both utterly crushed. The reason given for the refusal is that we appear to be at the beginning of a relationship! We have known each other for a year now! How can you demonstrate the depth of feeling for each other? You have to be the relationship to know how it ticks!

I had used a Thai company to help mylady with her application. They now tell me not to appeal as an appeal can take up to 12 months to reach a decision. He wants us instead to apply afresh. Okay if you have the cash in hand to pay for another application whereas an appeal is free. Don't know what best to do.

By the way, as you will have observed, I still have my house, computer etc!!

[anon345535]

my ex's brother did this twice to his sister (not my ex but her sister). the first time his dying mother gave him a pick up, maybe worth 150000b. that wasn't good enough for him so he chopped it in for a new mitsubishi pick up which his sister went guarantor on. he had to pay 8k a month even though that was all his earnings. needless to say a few months later they car was reclaimed and basically his mum lost 150k.

a few months later he did it again and the same sister went guarantor again! yep it got reclaimed a few months later. a family of complete idiots!

anyway... they will just reclaim the car, i doubt they'll take her to court. if she asks for money you would be mad to give it to her...

h1lander, was this a company that guarantees fiance visas? a friend of mine was pretty much guaranteed one for his fiance. 70k baht later after all the messing around, staying in hotels etc ... no visa! yes i bet he wants you to apply afresh. can i ask what is longest period of time you have stayed together?

[BigWheelMan]

Sounds like the old, I’m in trouble with the law scam.

This is becoming very popular these days, more lucrative than the; my brother’s had a motorbike accident and all the other sick buffalo stories.

Never mind, if the OP loves the girl, just keep sending the money.