stevehaigh Posted October 13, 2011 Share Posted October 13, 2011 i need to sue someone for breach of contract for failure to pay the final payment on the sale of a business. how much do lawyers usually charge? the one i have now is asking a lot. thx Link to comment Share on other sites More sharing options...
SunDaRi Posted October 13, 2011 Share Posted October 13, 2011 I got myself in a difficult situation to defend myself last year and I got a court appointed Lawyer (free), I think it's possible to get them free too. However in general it will cost more because you're foreigner but if you win the case - you can add legal fees on top of it and let the other party pay. Link to comment Share on other sites More sharing options...
CharlieH Posted October 14, 2011 Share Posted October 14, 2011 (edited) First and foremost be sure the other party has the means or assets to pay ! (watch how quickly they'll transfer it to a family member) if they don't you are wasting your time, if they do and they are Thai then you are wasting your time, if you have plenty of money and want to wait years then go ahead and waste your time and your money as I have never yet heard of any Ferang battle in a Thai court and win and actually collect or be paid anything. If its a substantial sum why not negotiate with the Lawyer and get him to do it for a percentage of the win/what's owed, then you are not throwing more money away just using what you have already potentially lost and that will also test how strongly he feels you can actually win or if he is taking you for a ride too. Edited October 14, 2011 by CharlieH Link to comment Share on other sites More sharing options...
ludditeman Posted October 14, 2011 Share Posted October 14, 2011 (edited) Sell the debt to a Thai loan shark. You should get about 20% of the cash and a lot of satisfaction. Edited October 14, 2011 by ludditeman Link to comment Share on other sites More sharing options...
Lifer Posted October 14, 2011 Share Posted October 14, 2011 Again, you have to shop around and talk with the legal offices in person and see what may of them tell you and then make a decision. My opinion is that you have some really good documentary evidence or you will not get the settlement you want. Good research ahead may pay off for you. Good luck. Link to comment Share on other sites More sharing options...
KKK Posted October 15, 2011 Share Posted October 15, 2011 typically thai legal fees are 100% of the amount you're suing for or xxxxxx whichever is the higher. You don't expect to gain from this do you. Sell it to a Thai debt collector seems the best idea.....watch how quickly a debt gets paid when damages are threatened.... Link to comment Share on other sites More sharing options...
eljeque Posted October 15, 2011 Share Posted October 15, 2011 Give some more information about the case. An approximation of the amount you are waiting for. How long have you been waiting? 30,000 should be enough. From the time which the person whom you are suing receives the papers from the court, he / she cannot sell his / her assets, including the company. If he / she does, then it is a criminal charge, the Public Prosecutor will take it up and take him to court, and the bum will be told by the judge to make complete payment ++ or receive 2 years in jail, and still owe the money. I have gone through before and this is how it actually works. Link to comment Share on other sites More sharing options...
stevehaigh Posted October 20, 2011 Author Share Posted October 20, 2011 (edited) Give some more information about the case. An approximation of the amount you are waiting for. How long have you been waiting? 30,000 should be enough. From the time which the person whom you are suing receives the papers from the court, he / she cannot sell his / her assets, including the company. If he / she does, then it is a criminal charge, the Public Prosecutor will take it up and take him to court, and the bum will be told by the judge to make complete payment ++ or receive 2 years in jail, and still owe the money. I have gone through before and this is how it actually works. its 500,000 baht plus misc costs and damages so we would sue for about one million or so. my wife is the one owed the money, Thai, and the people that owe the money are farang. we have 100% watertight contract that proves beyond any doubt they owe her the money. there is no doubt we would win, they have no justification for not paying. i just think that when we win, they will not pay willingly. however, it looks like the business they bought from my wife is still operating, although they have tried their best to screw it up since buying it. if it looks like they have a functioning business in month or two, then i guess i'll start a law suit against them. 30k is ok for us to spend on this. thanks for the advice. Edited October 20, 2011 by stevehaigh Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted October 21, 2011 Share Posted October 21, 2011 Sunbelt Asia generally charges 10% of the disputed amount. We would, of course, check your agreement before going to court but if it were in fact a breach of contract then under the Civil and Commercial Code you could win the amount owed plus 7.5% interest on the amount owed. [sunbelt][/sunbelt] Link to comment Share on other sites More sharing options...
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