Thai Police Bust Multi-Million Baht Sex Toy Smuggling Ring

[lebesgue]

Hi guys,

Got a few questions which I hope some of you might be able to answer.

I currently owe an unsecured c/c debt and made a last payment on that account in Aug 2004 in Australia. Since then, no payment had been paid, and I have moved interstate. The remaining amount (which I guess is around AUD 5k or 8k) was then been passed on to a collection agency who has been harassing me on and off since 2006.

So far I have not acknowledged the debt and ignored all their requests to contact them. I am now living in Australia but due back in Thailand in a few month time. The questions I have:

(1) Assuming that the debt collection people did manage to get a judgement against me between 2006-now (which I highly doubt), can the judgement be enforced in Thailand ? (also assuming that they manage to track me down)

(2) Can an secured Australian debt being sold to a local Thai collection house ( or ask the local Thai firm) to collect the debt?

I know that it is a personal responsibility and choice how I deal with this debt, but I would appreciate answers relating to my questions and not comments on my integrity.

Many thanks in advance

Cheers

Lebesgue

[britmaveric]

Settle the debt and you have no worries.

[madjbs]

You would have to double check the law in Thailand but usually the answer would be no to both questions. The debt collectors might follow you here but they would have no power to do anything if you refused to pay.

[TongueThaied]

Usually, the law where the asset is held applies. That is, Thai law would apply to any bank account you hold here. Most countries have mutual treaties for enforcement of their judgments -- otherwise anybody could simply flee across a border to escape a debt. If you have a money judgment (resulting from a law suit against you) against you in the US, the creditor can come to Thailand, go to court to "domesticate" the judgment and enforce it against you. Were you from the US, I would suggest that you file for bankruptcy in the US to discharge the debt once and for all. Otherwise, it hangs over you head like the Sword of Damocles until the statute of limitations runs (10 years in most US states, 7 years in some). I do not know anything about filing for bankrupcy in Australia, but I would guess Australia has the same sort of mutual treaties with Thailand as the US. Ignore the debt at your own peril. Perhaps you should see a Thai (or Austrailian) lawyer that knows something about international debtor/creditor law.

[TongueThaied]

I will add: If your debt was in the US and you made no payment since August of 2004, the debt would now be barred by the statute of limitations, which is 6 years under the Fair Debt Collections Practices Act, which is federal law. You should consult an Australian attorney about this.

[lebesgue]

Thank you everyone for some advice. Just to add some info. The debt was incurred in Australia.

I've done a bit of looking around and finally found the answer to my first question( in case anyone might be interested).

"...Australian litigants should be aware that there is no treaty or reciprocal arrangement between Thailand and Australia in relation to the recognition or enforcement of judgments in civil matters.Before obtaining a judgment in Australia for enforcement in Thailand, Australian litigants should seek legal advice from a legal practitioner familiar with the requirements for enforcement in the forum." Administrative Law and Civil Procedure Brach, Attorney-General 's Department.

Cheers

Lebesgue

Edited October 20, 2010 by lebesgue

[TongueThaied]

Don't be mislead. There may be no treaty, but Thailand DOES recognize foreign judgments on a case by case basis. If the judgment is a money judgment for a sum certain entered by a court of competant jurisdiction (in the foreign country) and is FINAL, Thailand will normally recognize the judgment. Your research is incomplete, and you should consult a lawyer before assuming you are home free. If you, or anybody in your shoes, thinks you can simply go to Thailand to escape a debt, you are sorely mistaken. A creditor may well choose not to undergo the expense of a chase, but there is certainly a means to do so.

[mark5335]

For an amount of around A$5,000+, I doubt whether a bank creditor would bother incurring the legal costs to bankrupt you. However, they would definitely make it difficult for you to borrow again in Australia by reporting your delinquent c/card to the credit bureau.

Edited October 20, 2010 by mark5335

[Beechboy]

For an amount of around A$5,000+, I doubt whether a bank creditor would bother incurring the legal costs to bankrupt you. However, they would definitely make it difficult for you to borrow again in Australia by reporting your delinquent c/card to the credit bureau.

Any costs they incurr, either through bad debts or court action etc. are just added to the rates the rest of us pay.

Bad debt is one reason these are so high.

Pay up fella!

[lebesgue]

I just found out that there is no judgement against me, and the debt is statute barred.

Thanks to those who gave me some constructive advice. All my questions are pretty much answered now.

And @Beechboy-thank you. Do you also know that smoking is bad for your health?

[givenall]

Settle the debt and you have no worries.

Pay your dam_n debt.

This must be the new world, evading ones responsibilities

[JusMe]

For an amount of around A$5,000+, I doubt whether a bank creditor would bother incurring the legal costs to bankrupt you. However, they would definitely make it difficult for you to borrow again in Australia by reporting your delinquent c/card to the credit bureau.

If I recall, in Canada this is managed provincially. And the creditor can add all charges incurred in finding and serving you. Interesting if the court would accept a return flight (and vacation?) to Thailand in order for someone to hand you the papers. Maybe they'd just insist on registered mail?

Point is, though, that all costs at finding and collecting from you are given to the creditor by the courts.

And it's most likely that a report has been filed with whatever credit reporting agencies there are, and getting any kind of credit in future will be very difficult.

[Beechboy]

I just found out that there is no judgement against me, and the debt is statute barred.

Thanks to those who gave me some constructive advice. All my questions are pretty much answered now.

And @Beechboy-thank you. Do you also know that smoking is bad for your health?

Yes, and like smoking a bad debt will probably be paid for, in some way, in later life.

In your case, I am hoping. this be the case.

[britmaveric]

It's such a small amount I'm not sure why you wouldn't just settle up least to restore your name.

[jcon]

C'mon zorro, did you actually make up a new screen name just to post that?