Getting Someone Stopped At The Airport

[Puccini]

The standard procedure, I guess, is that immigration would probably detain him on an attempt to leave or enter Thailand if an arrest warrant were out for him, which would mean a report to the police on your part and a subsequent court order.

Simon99, however, says that he had non-payers of bills at his holiday resort detained by immigration without the need of a court-ordered arrest warrant. I cannot say whether this was due to special relations with the local immigration office or whether it is done routinely and would also apply to your case. You will lose nothing if you visit your local immigration office to inquire about this.

[sirineou]

The standard procedure, I guess, is that immigration would probably detain him on an attempt to leave or enter Thailand if an arrest warrant were out for him, which would mean a report to the police on your part and a subsequent court order.

Simon99, however, says that he had non-payers of bills at his holiday resort detained by immigration without the need of a court-ordered arrest warrant. I cannot say whether this was due to special relations with the local immigration office or whether it is done routinely and would also apply to your case. You will lose nothing if you visit your local immigration office to inquire about this.

I agree with the first part of your post, the operative part being "which would mean a report to the police on your part and a subsequent court order".

but respectfully disagree with the second part. If hotels have the ability to have immigration detain some one with out the need of a court order, it is probably because they have a legal charter to do business in that venue,comply with all the rules and regulations, have a contract with the customer, and can prove that it is a non-performing contract on the part of the customer. As Far as the OP is concerned it is not entirely clear if he has the right to collect "income" from the rental of his vehicle (I am not saying he does not, I dont know). and if he pursued this through Thai agencies , might find him self at the least wasting his time and money, and possible defending him self, or even being fined.

Again it is quite possible that I Might be wrong, by no stretch of the imagination am I an expert on Thai legal affair , this is a learning experience for my self also.

[patongster]

This topic raises some interesting questions regarding photocopied passports, and how that information could be used against that certain individual.

Let’s say that a business owner thinks they have been wronged by a customer for some reason, and they want to make life difficult for that person upon leaving or re-entering the country. Would this be possible?

Most tourists will have their passport photo copied multiple times by persons/businesses for many reasons during their stay in Thailand.

Someone I know was threatened by a farang business owner, who had a photo copy of their passport that quote “Next time you enter Thailand I could make your life very difficult.” Hinting that he would pass the details of their passport onto immigration with some bogus claim against them.

[ukrules]

Someone I know was threatened by a farang business owner, who had a photo copy of their passport that quote “Next time you enter Thailand I could make your life very difficult.” Hinting that he would pass the details of their passport onto immigration with some bogus claim against them.

Empty threats by empty headed idiots.

[gregb]

Well, I disagree with posters who say that immigration will not help in this type of incident, although it is possibly too late in your case.

When I was living in Phuket at my hotel, on 3 occasions customers 'skipped' paying the money for their room and 'hot-footed' to the airport 600 meters away. On each occasion, I had a leisurely cup of coffee and then telephoned the immigration office at the airport, with details of the passport and the amount due on the bill. On each occasion, the person was stopped from boarding their plane by immigration (emigration!), until I could come to the airport with my hotel invoice and collect the sum owed. On all these occasions, I needed to finish my coffee first and alas - the person not only had to pay the money owed to me, but also missed their plane.

Som Nam Na I say. Do not cheat someone who has given you a service/product.

Interestingly, on each occasion, the same nationality was involved

Simon

Actually this doesn't surprise me. I've heard before from another (rather wealthy and well connected Thai) hotel operator that unpaid bills from hotels and hospitals are treated specially under the law, but other civil offences do not have this same privilege. This was from someone who was having a labor dispute with someone who worked for him, and also staying at his hotel (for free) as part of his employment package. He couldn't stop him from leaving with just the labor dispute, but could get him stopped at the airport if he falsified an unpaid hotel bill.

So I would not necessarily say your experience translates to the OPs problem. You were likely a special case because the unpaid bill was a hotel bill.

[harrry]

Is this another example of a Thai Police Voluntere member corruptly misusing his position?

[simon43]

Is this another example of a Thai Police Voluntere member corruptly misusing his position?

No - it was standard practice by several hotels near to Phuket Airport. My 65 year old Swiss colleague who owns a hotel near to me also took the same action with 'fleeing' guests and also got the same results.

Never seen him in a TPV uniform

Simon

[harrry]

Is this another example of a Thai Police Voluntere member corruptly misusing his position?

No - it was standard practice by several hotels near to Phuket Airport. My 65 year old Swiss colleague who owns a hotel near to me also took the same action with 'fleeing' guests and also got the same results.

Never seen him in a TPV uniform

Simon

Ok Simon... I must say I never took you to be one to misuse influence...unlike some. I do not see though the legal basis for this as at best it is a civil debt unless a case for arrest is made. Not that I am advocating people not paying...just that it is too open to abuse.

Edited November 4, 2010 by harrry

[Loz]

I think there are those who live in the world as presented to them and make the best of it. (Simon)

And there are those who bring their home countries idealism with them to no visible benefit. (enter whatever names you think fit here)

I wouldn't like to be the OP's shoes but if I was, I think I would way up the cost of going through insurance vs the cost of "ensuring that he paid before he left" and make an informed choice about how to move forward.

Insurance won't cover mechanical damage of course and I suspect that might be issue with an "abused" rental car. Of course the renter might argue the car was not "tip top" when he got it... Thats a conversation they can have when they catch up to each other.

Now excuse me, or I'll be late for the Clapham Omnibus.

Edited November 4, 2010 by Loz

[simon43]

Harry - To be fair, I'm sure that my good relationship with the Immigration guys and proximity of my hotel to the airport does help on the rare occasions when someone decides to try to cheat me out of a valid payment

I actually stopped working as a TPV in Phuket since early last year (working away from Phuket on a software contract).

I also know that hotels further away (in Patong and Kata) are able to call up the airport and stop people who have not paid their hotel bills.

But I do agree that trying the same with someone who has skipped their rental car bill may not produce the same result.

Simon

[TAWP]

I do not see though the legal basis for this as at best it is a civil debt unless a case for arrest is made. Not that I am advocating people not paying...just that it is too open to abuse.

If someone takes a pie and run they will get arrested at immigration at the airport if they are forewarned of the persons arrival. Bailing on bills, not just denying to pay during a dispute, is the same thing.

[farang000999]

So I can pick up the phone and have an individual banned from leaving Thailand or the city of Phuket at my own judgment by claiming that they owe me a debt? Might make a good prank.

[ukrules]

Might make a good prank.

Maybe not so funny if they need to rebook an international flight potentially days later at a cost of 50,000 Baht.

[dave111223]

Well, I disagree with posters who say that immigration will not help in this type of incident, although it is possibly too late in your case.

When I was living in Phuket at my hotel, on 3 occasions customers 'skipped' paying the money for their room and 'hot-footed' to the airport 600 meters away. On each occasion, I had a leisurely cup of coffee and then telephoned the immigration office at the airport, with details of the passport and the amount due on the bill. On each occasion, the person was stopped from boarding their plane by immigration (emigration!), until I could come to the airport with my hotel invoice and collect the sum owed. On all these occasions, I needed to finish my coffee first and alas - the person not only had to pay the money owed to me, but also missed their plane.

Som Nam Na I say. Do not cheat someone who has given you a service/product.

Interestingly, on each occasion, the same nationality was involved

Simon

I'm assuming immigration must be familiar with your hotel and you in person before they would do this though?

They would be pretty embarrassed if they pulled someone (or maybe even a whole family) off an international flight and the hotel owner showed up 3 hours later (after the flight was gone) claiming the guest had stolen a shower cap...

[admiraldy]

What about someone not paying the mobile bill , is it a civil case or can the immigration stop him at the airport

[milkycheese]

Interesting topic, so what happens in a case of my friend who had a fight and was reported for assault to the local police station? Documents were placed against him and police informed. Does that warrant an arrest if he ever comes back to a Thai airport or border, which is highly unlikely as he lives in Japan and married without fighting!

[SunbeltAsiaExpert]

By nature the deposit would be kept with the Lessor for the purpose to offset against any damages. Should there be any damages to the vehicle caused by the Lessee, the said deposit shall be utilize to restore and/or repair the vehicle. In the case if the vehicle was insured under the First Class insurance policy, the deposit would be apply to costs and expenses in making the claim with the insurance company (also known as “Except Fees”). But you should check the content the rental agreement executed. On the coverage and responsibility of each party.

Initially the Lessor (Car owner) should contact the Lessee to resolve the issue.It would be difficult to track him (lessee), if he does not have a work permit or a long term visa. As such documentation requires his local address in Thailand (whether it’s the work place and/or the residential address). Otherwise file a lawsuit for the damages would be a lengthy process and the Thai court would have to serve the court order through the Ministry of Foreign Affairs of each country.

www.sunbeltlegaladvisors.com

[witold]

Taking someone's passport seems to be standard procedure in some places.

When you rent a motorcycle, you always have to leave your passport. (I mean a real motorcycle, not a scooter.) I have never heard of a place that _doesn't_ require a renter to leave their passport. If anyone knows of a place that rents 'big bikes' without having to leave your passport I would like to hear about it.

[koolkarl]

I'm not a lawyer, so I could easily be wrong...but what you have is a debt claim against him, which would be a civil case and not a legal claim. Now you may have every right to pursue that claim against him in a civil court for your compensation...but trying to stop him from traveling out of the country is wrong...you can't do that. There is no legal charge against him that the authorities can use to detain him. There is no criminal charge against him, and it is only a civil case, which would need to go through a civil court first to get a judgement for financial settlement against him BEFORE any authorities could take any action to detain him.

But like I said, I'm not a lawyer.

I am a lawyer and you are correct that this is a civil matter and therefore nothing to do with immigration.

However, on other occasions, I have heard about monetary disputes and the first words that come out

of the Thai's mouth is to run to immigration. I find this juvenile at the very least.