beano2274 Posted December 30, 2011 Share Posted December 30, 2011 I recently did some online work for a company where an ex-colleague works, he asked me to do something, and send it back to him, and I would be paid for it. I finished the work before the deadline, but because of the flood situation the work was not scrutinized by the boss, so the first pay day of 20th November passed, I accepted that the payment would not be made until it had been checked. I was then informed by my ex-colleague that the pay date would now be the 20th December. On the 20th December I met my ex-colleague and he gave me a cash cheque, but dated 29th Dec, also tax had been deducted, but no form and also too much tax. Yesterday I went to the bank to cash the cheque, the bank informed me that there was not enough money in the account to pay me. I phoned my friend and told him, he tried his best to sort it out, but on returning to the bank later that day there were still not enough funds in the account to pay me, and we are not talking about a lot of money (23,000). i am waiting to see if I will get paid today, but at the same time my other half has started to talk about getting the police involved. I am not the only one waiting to be paid for this work, I know that an American guy is in the same boat as me. If I do not get paid, my wife said I should ask the bank for a letter explaining why they did not pay me. Do you think it is a good idea to bring the Police in? This is not a small company by any means, it is just branching into something that it does not really understand, and has invested heavily in. My wife thinks that the Police will be able to get my money, but am not sure. I can prove that the work they have is mine, and also have the emails confirming when and how much I will get paid. Is issuing a cheque to someone, knowing that there were not sufficient funds in your account a big criminal offence or is it just swept under the carpet? Link to comment Share on other sites More sharing options...
autan Posted December 30, 2011 Share Posted December 30, 2011 I would be very hesitant to bring the Police into this. Personally, I would go back to your friend who set the job up for you and ask for a partial payment (Today) to cover immediate expenses, the rest can be paid next month. I would stipulate that your compromise is only becaus he is your friend or else this would be passed on for further action. Tell him you do not appreicate being made a fool of and that you want some of the money in cash today, you dont care how he gets it, and the rest can be wired to your account on the 20th Jan. Add a surchage/interest for the wait too. Remember: "Never take their last penny, but be sure to get the rest". Link to comment Share on other sites More sharing options...
beano2274 Posted December 30, 2011 Author Share Posted December 30, 2011 I would be very hesitant to bring the Police into this. Personally, I would go back to your friend who set the job up for you and ask for a partial payment (Today) to cover immediate expenses, the rest can be paid next month. I would stipulate that your compromise is only becaus he is your friend or else this would be passed on for further action. Tell him you do not appreicate being made a fool of and that you want some of the money in cash today, you dont care how he gets it, and the rest can be wired to your account on the 20th Jan. Add a surchage/interest for the wait too. Remember: "Never take their last penny, but be sure to get the rest". The problem is my friend is the messenger boy in all of this. Link to comment Share on other sites More sharing options...
autan Posted December 30, 2011 Share Posted December 30, 2011 I would be very hesitant to bring the Police into this. Personally, I would go back to your friend who set the job up for you and ask for a partial payment (Today) to cover immediate expenses, the rest can be paid next month. I would stipulate that your compromise is only becaus he is your friend or else this would be passed on for further action. Tell him you do not appreicate being made a fool of and that you want some of the money in cash today, you dont care how he gets it, and the rest can be wired to your account on the 20th Jan. Add a surchage/interest for the wait too. Remember: "Never take their last penny, but be sure to get the rest". The problem is my friend is the messenger boy in all of this. I would be very hesitant to bring the Police into this. Personally, I would go back to your friend who set the job up for you and ask for a partial payment (Today) to cover immediate expenses, the rest can be paid next month. I would stipulate that your compromise is only becaus he is your friend or else this would be passed on for further action. Tell him you do not appreicate being made a fool of and that you want some of the money in cash today, you dont care how he gets it, and the rest can be wired to your account on the 20th Jan. Add a surchage/interest for the wait too. Remember: "Never take their last penny, but be sure to get the rest". The problem is my friend is the messenger boy in all of this. If you are reluctant to involve your friend, you have no choice but to go to the admin office and tell them, you have been issued a cheque to which their is insuffiecient funds to draw the cheque and you require alternative tender. Failure to pay immediatly will result in an arrest by the Police. Explain to them, you took on the job in good faith and no you wish to paid accordingly. If they issued you a cheque, the intention to pay was there, now they have to provide the funds or else why issue a cheque unless they knew it would bounce. If they knew it would bounce and had no intention of paying then you do want to continue working for them in the future. Sorry for the long winded answer but you asked. Good luck mate. Link to comment Share on other sites More sharing options...
beano2274 Posted December 30, 2011 Author Share Posted December 30, 2011 thanks for the reply Link to comment Share on other sites More sharing options...
Mario2008 Posted December 30, 2011 Share Posted December 30, 2011 If I recall correctly an uncovered check is a criminal offence, but so is working without a work permit. Try to sort it out with the company first. Link to comment Share on other sites More sharing options...
lazygourmet Posted December 30, 2011 Share Posted December 30, 2011 Is issuing a cheque to someone, knowing that there were not sufficient funds in your account a big criminal offence or is it just swept under the carpet? Yes... Bouncing cheque is a criminal offense according to the Thai law. Check -for example- this story Link to comment Share on other sites More sharing options...
NanLaew Posted December 30, 2011 Share Posted December 30, 2011 "Get a haircut and get a real job..." Link to comment Share on other sites More sharing options...
slapout Posted December 30, 2011 Share Posted December 30, 2011 Hindsight is 20/20, but any work for which you expect payment, ask for a up front payment of a certain percent. The Thai contractors do this on a regular basis and that is you competition, most likely. The up front payment will normally be covered via a contract of some sort, so you have a signed document to fall back on. This also eliminates unexpected deductions for tax, water boy, etc. Sounds like the company never had any intention of paying for the service you provided. Live and learn in the business world. Link to comment Share on other sites More sharing options...
geriatrickid Posted December 30, 2011 Share Posted December 30, 2011 No point in bringing he police in. If it is a reputable firm, take it up with controller of VP Finance. I have a similar situation, where we owe someone money. I keep asking if cheque has been made and the dingbats say they are waiting for accounting to issue invoice with credit. This has been going on for a month. I ask the woman who issues the paper, when will it be issued, and the excuses are incredibly idiotic. Now with the holidays, signing officers are not around. (I can't sign because I am the one asking for payment and we need countersignatures.) Link to comment Share on other sites More sharing options...
beano2274 Posted December 30, 2011 Author Share Posted December 30, 2011 "Get a haircut and get a real job..." Actually I have a number 2. Link to comment Share on other sites More sharing options...
Beetlejuice Posted December 30, 2011 Share Posted December 30, 2011 (edited) If you do not have a valid work permit, then in Thailand you are an illegal worker. The so-called company that hired you to do the work probably know this and have absolutely no intentions of paying you for your work and there is nothing you can do about it. This was an unwritten contract based on good faith and the company has not honoured the gentlemen`s agreement. I would also question the credibility of your so called friend. With friends like that, who needs enemies? I would also guess that this friend also has no work permit and is working illegally? So you`re really a grand bunch who deserve each other. You`re just have to write this off to experience and perhaps be smarter next time. Edited December 30, 2011 by Beetlejuice Link to comment Share on other sites More sharing options...
Tonto21 Posted December 30, 2011 Share Posted December 30, 2011 If you do not have a valid work permit, then in Thailand you are an illegal worker. The so-called company that hired you to do the work probably know this and have absolutely no intentions of paying you for your work and there is nothing you can do about it. This was an unwritten contract based on good faith and the company has not honoured the gentlemen`s agreement. I would also question the credibility of your so called friend. With friends like that, who needs enemies? I would also guess that this friend also has no work permit and is working illegally? So you`re really a grand bunch who deserve each other. You`re just have to write this off to experience and perhaps be smarter next time. Harsh…But to the point. If you get any money ‘beano2274’you can consider yourself very lucky. Reporting to the police will be tantamount to cutting your own nose of too spite your own face. Saying this, good luck, tread gentle, you don’t hold a good hand. Link to comment Share on other sites More sharing options...
KeyserSoze01 Posted December 30, 2011 Share Posted December 30, 2011 Irregardless of the purpose of the check, the fact remains that the OP has a check drawn on a corporate bank account which was presented to the bank for payment, only to have it rejected for insufficient funds. That, in and of itself, is grounds for legal action. The OP should do as any good Thai would do. Tell your "friend" that unless the amount is paid in full within a certain time limit, that you will be forced to send a few Thai men around with metal bars to collect. Oh, and the interest in 10% a day. Link to comment Share on other sites More sharing options...
SimonD Posted December 30, 2011 Share Posted December 30, 2011 Sell the debt to a 'collection agency'. Give up 15-20% of the fee and it becomes their business, not yours. Link to comment Share on other sites More sharing options...
beano2274 Posted January 4, 2012 Author Share Posted January 4, 2012 Got the money after my friend spoke to the owner, and also the Americans lawyer emailed the boss. Money gone into the bank account and already spent. Link to comment Share on other sites More sharing options...
QED Posted January 4, 2012 Share Posted January 4, 2012 If you do not have a valid work permit, then in Thailand you are an illegal worker. The so-called company that hired you to do the work probably know this and have absolutely no intentions of paying you for your work and there is nothing you can do about it. This was an unwritten contract based on good faith and the company has not honoured the gentlemen`s agreement. I would also question the credibility of your so called friend. With friends like that, who needs enemies? I would also guess that this friend also has no work permit and is working illegally? So you`re really a grand bunch who deserve each other. You`re just have to write this off to experience and perhaps be smarter next time. At what point exactly did he say he didn't have a work permit? You certainly assume a lot, and you know what they say about that.... Link to comment Share on other sites More sharing options...
Thongkorn Posted January 4, 2012 Share Posted January 4, 2012 If you do not have a valid work permit, then in Thailand you are an illegal worker. The so-called company that hired you to do the work probably know this and have absolutely no intentions of paying you for your work and there is nothing you can do about it. This was an unwritten contract based on good faith and the company has not honoured the gentlemen`s agreement. I would also question the credibility of your so called friend. With friends like that, who needs enemies? I would also guess that this friend also has no work permit and is working illegally? So you`re really a grand bunch who deserve each other. You`re just have to write this off to experience and perhaps be smarter next time. At what point exactly did he say he didn't have a work permit? You certainly assume a lot, and you know what they say about that.... To many Cynical people on Thai visa. Link to comment Share on other sites More sharing options...
Buddhaboris Posted January 4, 2012 Share Posted January 4, 2012 Do you have a work permit? If not you not in a strong position. It could be made worse if you do go to the Police. Try and settle the issue without them. Link to comment Share on other sites More sharing options...
Moonrakers Posted January 4, 2012 Share Posted January 4, 2012 Why do people bother to make a comment without even reading the thread? Link to comment Share on other sites More sharing options...
BookMan Posted January 4, 2012 Share Posted January 4, 2012 At what point exactly did he say he didn't have a work permit? You certainly assume a lot, and you know what they say about that.... What do they say? You are assuming I know. Link to comment Share on other sites More sharing options...
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