We Can Win In Thai Courts

[tonywebster]

Just a brief one, we had an issue with an ex employee and reported the incident to the police, we had to suffer a counter allegation as most do here with the intention of the other person using that as leverage.

Anyway we were not to be bowed by this, we had one negotiation meeting which ended with no joy and had the fortune of the court messing up so getting another negotiation this morning.

Basically there was one judge, me and my two lawyers and the other person with a lawyer. The negotiation started, I made it clear I was not prepared to use her allegations in any part of the negotiation, they make a cash offer or we go for trial. Anyway the judge was spot on, we showed him a little evidence, we were claiming 1.4 million baht, however only 300,000 of this was criminal and the rest can be dealt with by civil court. The judge was honest and said that we will no doubt win the criminal trial but it would be 2 to 3 years before it got to court, he suggested we negotiate a figure to day on the criminal amount of 300,000, this will end the criminal proceedings on both sides and then we can start the civil proceeding for the remaining money. At one point the judge even called in another judge and they had a laugh about the ex employees actions as they were so blatant yet they sat there in front of him and denied all wrongdoing.

The other person offered 100,000, the judge pushed them up to 250,000 in the end, which they agreed and also had to agree to a letter being sent to out clients informing them. We can now also proceed with the civil matter.

Don't be afraid of the Thai courts, if the evidence is there then you will win

[whistleblower]

I agree that Thai courts are fair. But im still waiting to collect my 280,000bht that was awarded to me 25 months ago!

[needforspeed]

Sadly enough if you win or settle in a court case doesn't mean that you have any guarantee to recieved the amount.

Many times you stand on your own and recieve little or no cooperation from officials.

Had a few cases myself and it is hard work to get your money, time and money consuming and a truckload frustration.

[ray23]

Yes you can win. 280K what has your lawyer done to collect?

A judgement is no more then a piece of paper unless it's acted on. The person you sued and won against needs to have assets in the first place. Really no different then anywhere else.

I think I would be having long serious talks with my lawyer at this stage. If they have something to collect with, the courts can order assets to be sold to satisfy the judgement. However your lawyer needs to get off his tail and get the work done. Assuming there are assets to be seized.

That is something you really need to think about before filing a case.

Principal won't put money in the bank.

[tonywebster]

doom and gloomers, yes if we had continued to trial it is hard to get the money afterwards, in this case because it was negotiation I agreed two payment dates, if she defaults on this the negotiation ruling ends and we continue to trial for the criminal charges.

Collecting is one of the main reasons for trying to make negotiation work, the payment has to made to the court by specified dates so the court remain involved with this, I believe after a criminal or civil trial you are on your own.

[ray23]

I agree our case is in it's final appeal now. Will I collect I believe so the assets are there. If I do don't doesn't mean the courts are not fair. It's just life no different anywhere else. I think many of us just give up before we ever stand up for ourselves. Because we believe a foreigner can not win. That simply is not true.

Same rules apply here as in my home country. You have a good case and evidence you can win.

[Spoonman]

So you rorted 250k from an X employee..... yeah, kudos.

[tonywebster]

So you rorted 250k from an X employee..... yeah, kudos.

after the ex employee took 300,000 Baht and did damages to the company of 1.4 million baht, we start the civil process this month to get the rest.

Rorted is a word I haver heard before, are you suggesting employees should be allowed to steal and do other damages without recourse? I seems that way from your post.

[simcity]

I took his post#7 has a canular (perhaps i am wrong), I understand you not in the mood for that !

[ray23]

Actually it looks a good on you to me. Kudos is a word of respect for an action sort I don't get. Maybe he types like me.

[hawthorne]

Congrats to justice and good luck on the civil case

[saraburioz]

Don't be afraid of the Thai courts, if the evidence is there then you will win

What makes you think anyone is afraid?

They have always been fair in my experience.

Only clueless visotors, that probably call themselves farang, get screwed - the kind that meet a woman from rural Loei in Pattaya and believe everything she says.

[needforspeed]

Don't be afraid of the Thai courts, if the evidence is there then you will win

What makes you think anyone is afraid?

They have always been fair in my experience.

Only clueless visotors, that probably call themselves farang, get screwed - the kind that meet a woman from rural Loei in Pattaya and believe everything she says.

Totally incorrect

[ray23]

I can't tell you how many arm chair lawyers told me I would lose, because the believed the Thai courts would never rule for a farrang as did the the Thai I sued. It appears they were wrong. Wasn't that hard to figure out how to file the Thai codes are written in English as well. By the way I live in Issan and yes my Thai wife was scared.

An interesting side note. Sued for the same thing. I owned an investigation business for years. I tried to guide as to what he needed to do. He choose instead t stand up in court call the guy a liar and thief, which he is. But you have to prove it with evidence, not just say it, he lost.

A lot of foreigners visit and live here and base their lives on rumor rather then fact. They are always proven right they never win because they never try. Me I call that fear.