Near Legal Matter/Friendly Advice Needed

[alyx]

Hey

In 1997 I put down some money to buy a condo

A year later the company declared bankruptcy

I sued them and the court rueld in my favour ordering the payment of the sums paid as well as the 7.5% per annum interest, in November 2002

This rdecision is up posed to be ad vitam eternam but it seems to be applicable for only ten years, which still leaves me some to time to react

A couple of weeks ago I passed the construction site to see that it was finished

Therefore I searched the net and found that a group had approached the board of consumers in 2000 who ordered the mother company (listed on the stock exchange) to refund the deposits made.

Furthermore I was able to find a report of the general meeting of that later company, dated 2011, where shareholders were pushing for the refund accordingly to the court's decision.

Considering the situation I think that I should try to get what I am owed

The problem is: how to go about it knowing that I have already won the case and do not want to start a legal matter, as some of my friends say that only a letter of claims should be addressed to that company through the lower court in Bangkok and other legal " advisers" seem to say that the case should be brought before justice....once more

I am a bit wary of the fact that lawyers are not entirely working for peanuts ( understatement) and seeking some advice from you

Thanks

My summary might not be clear, so do not hesitate to ask

[Markland]

you will never get your money.

[alyx]

you will never get your money.

You want to bet?

[phl]

thats the problem with cases like this in Thailand, you win a case and awarded the money, but company does not pay.

you have to go back to court and another order will be issued that they must pay, yet they do not pay again

i do not think there is an easier way, HOWEVER i would speak with a lawyer and perhaps ask court to issue an order for the bank to garnish the money, HOWEVER AGAIN, if company is a bankrupt with no money, there is no way to get the money.

[Markland]

you will never get your money.

You want to bet?

yes.No chance.You can try until you die though

fight the brave fight

[alyx]

Well, show me the money...would say Suzanne

II have won before and got what I was owed so unless you have a constructive advice .....

[alyx]

thats the problem with cases like this in Thailand, you win a case and awarded the money, but company does not pay.

you have to go back to court and another order will be issued that they must pay, yet they do not pay again

i do not think there is an easier way, HOWEVER i would speak with a lawyer and perhaps ask court to issue an order for the bank to garnish the money, HOWEVER AGAIN, if company is a bankrupt with no money, there is no way to get the money.

Let's put it this way: I know for a fact that it is on its way

[Markland]

thats the problem with cases like this in Thailand, you win a case and awarded the money, but company does not pay.

you have to go back to court and another order will be issued that they must pay, yet they do not pay again

i do not think there is an easier way, HOWEVER i would speak with a lawyer and perhaps ask court to issue an order for the bank to garnish the money, HOWEVER AGAIN, if company is a bankrupt with no money, there is no way to get the money.

Let's put it this way: I know for a fact that it is on its way

so why write asking questions then if you know ? why do you need advice ? yes it has been on its way for ? 13 years ok

definitely on its way

strange.

Edited May 17, 2012 by Markland

[alyx]

1) I always look for sound advice before taking a decision and I am not a jurist

2) It has been 15 years

3) I waited ten years before things started to move

4) whether I collect or not depends on how fast and correctly I move

[alyx]

By the way what makes you an expert on legal outcomes in Thailand?

[Markland]

By the way what makes you an expert on legal outcomes in Thailand?

i am not the expert but you seem to be one.You have waited 15 years i am sure you can wait another 20

comeback tomorrow when you are not drunk

[phl]

Alyx, in all fairness, as you said you have waited for 15 years, this fact alone should be an indicator of something for you.

There is no need to attack people who are telling how it is.

One does not even need to have a brain to understand that if after 15 years you have not been paid, there is a very slim chance you ever will.

You may not like the answers you are getting, but sadly we(members and people who bother to assist you) can not change the way Thailand works

[alyx]

you will never get your money.

Hey Phil

1) I am not attacking but ansering to the above whereas I am asking a specific question, to which the above answer doesn't fit : unless you consider the above as constructive.

2) i do not dislike the answers, I just do not understand this kind of unsupported position

3) If I am posting, today after so many years, it is because events have taken a new turn as the board of consumers in all cases linked to the company I have sued.

In any case, there are always people who know Thailand better than anyone ( e.g. Someone asking for details about buying a condo and getting " don't buy a condo in Thailand)

I might be a gullible fool but at least I labide by the local law and expect fairness to be applied when a verdict has been passed

[alyx]

By the way what makes you an expert on legal outcomes in Thailand?

i am not the expert but you seem to be one.You have waited 15 years i am sure you can wait another 20

comeback tomorrow when you are not drunk

As I said .....I take you on that one

[phl]

you will never get your money.

Hey Phil

1) I am not attacking but ansering to the above whereas I am asking a specific question, to which the above answer doesn't fit : unless you consider the above as constructive.

2) i do not dislike the answers, I just do not understand this kind of unsupported position

3) If I am posting, today after so many years, it is because events have taken a new turn as the board of consumers in all cases linked to the company I have sued.

In any case, there are always people who know Thailand better than anyone ( e.g. Someone asking for details about buying a condo and getting " don't buy a condo in Thailand)

I might be a gullible fool but at least I labide by the local alaw and expect fairness to be applied when a verdict has been passed

Mate, you can not possibly be that .....

Company is a bankrupt, where in the world a small pimple(on the scale of things, banks surely would be before you) ie yourself gets paid from a bankrupt company??????????

Its been 15 years

Hope you do get your money back, you asked for advise and were told it is not going to happen, so do not waste more money on legal.

It's not sufficient enough for you, go back to your lawyers, pay them another half a million and listen to their advice

Edited May 18, 2012 by phl

[Markland]

alyx you are confused.I really do hope you get your money back and if do i take you for 5 free drinks in go go bar of your choice

i just cant see you getting it baack but wish you luck

[alyx]

Thanks, your comments are appreciated

It will take time but we'll have a drink....either way

Just to make things clear

I sued the defunct company and I obviously won

I sued the mother company and lost

The matter was brought before the board of consumers and the main company is held responsible

I have had accessed to the minutes of the latest general meeting of that company: shareholders are asking the management to refund ASAP as the court has ordered that a property were to be auctionned if the matter was not settled

This is why I am kind of holding my breath but as I said I do not want to waste money nor put more money than necessary from the legal stand

That being said I have lived without that money for while and it doesn't haunt my nights

The point I want to make is that there is no reason I should drop it as long as I get a chance to hold the stick

Starting from Monday, I am meeting different counsellors to have and idea of what to expect

I will keep you posted ( actually I should have mentioned that 99% of the claims are made by Thai Nationals...)

Edited May 18, 2012 by alyx

[phl]

Thanks, your comments are appreciated

It will take time but we'll have a drink....either way

Just to make things clear

I sued the defunct company and I obviously won

I sued the mother company and lost

The matter was brought before the board of consumers and the main company is held responsible

I have had accessed to the minutes of the latest general meeting of that company: shareholders are asking the management to refund ASAP as the court has ordered that a property were to be auctionned if the matter was not settled

This is why I am kind of holding my breath but as I said I do not want to waste money nor put more money than necessary from the legal stand

That being said I have lived without that money for while and it doesn't haunt my nights

The point I want to make is that there is no reason I should drop it as long as I get a chance to hold the stick

Starting from Monday, I am meeting different counsellors to have and idea of what to expect

I will keep you posted ( actually I should have mentioned that 99% of the claims are made by Thai Nationals...)

I admire your persistence and do not think you should drop it, however you MUST keep in mind that there is no laws in this country to force anyone to pay.

Yes court orders get issued but no way to enforce it

I have serious doubts that the shareholders insisting company refunds, because as you realize it sheds value from their shares not to mention loss of profits.

If i were you, i would try to make a friendly with one of the 99% Thai's because rest assured they would be the first to get any money

[Markland]

Thanks, your comments are appreciated

It will take time but we'll have a drink....either way

Just to make things clear

I sued the defunct company and I obviously won

I sued the mother company and lost

The matter was brought before the board of consumers and the main company is held responsible

I have had accessed to the minutes of the latest general meeting of that company: shareholders are asking the management to refund ASAP as the court has ordered that a property were to be auctionned if the matter was not settled

This is why I am kind of holding my breath but as I said I do not want to waste money nor put more money than necessary from the legal stand

That being said I have lived without that money for while and it doesn't haunt my nights

The point I want to make is that there is no reason I should drop it as long as I get a chance to hold the stick

Starting from Monday, I am meeting different counsellors to have and idea of what to expect

I will keep you posted ( actually I should have mentioned that 99% of the claims are made by Thai Nationals...)

i admire your persistence to but i don't know how much luck you will have without getting a lawyer

it is how they say double edge sword ? every lawyer will try to take your money that is for sure

[soi41]

alyx. Another post from your favorite stalker As you mentioned, it is not your foodmoney for tomorrow, so I guess that getting some money back would be better than nothing ? So try to find a pitbull-lawyer, who would try to get your money back on a 50-50 share basis. If you win, at least you'll get half of your money back. If you lose, it will cost you nothing. If you can't find a lawyer willing to accept those terms, I think it is a very good indication on, that you don't have a strong case. So the Quattroporte will have to wait Best of luck !

[alyx]

Hey

Thanks for your support everyone

I am meeting some of them next week but in the meanwhile I have made some further research and I really do not if what I have found out is good for me or not......all the people who went through the powerful board of consumers have been repaid in full....months ago

I hope I am not the leftover

Let's see and thanks again

[alyx]

So the Quattroporte will have to wait

Well it would barely pay a quarter of it, but it would be a good start, wouldn't it?

Edited May 19, 2012 by alyx

[alyx]

Well I have got my answer sooner than I expected

After five hours and seventy kilometres this morning,, a meetimg with a representative of the Board of consumers, a second one with an attorney general and a visit to the Claims Department the verdict is irrevocable: no action may be taken as there is a ten year limitation to these cases ( quite upset with my former lawyer who has told me otherwise)

I was allowed to take action until April the 30th of this year and would have collected just as the 100+ other people have

I should point out that everyone were very helpful when discussing the case

As a conclusion, befor hiring a lawyer in that kind of cases, it is better to talk to these people, it is free and they follow up on cases unlike the one I have been in touch with

Edited May 21, 2012 by alyx

[phl]

Well I have got my answer sooner than I expected

After five hours and seventy kilometres this morning,, a meetimg with a representative of the Board of consumers, a second one with an attorney general and a visit to the Claims Department the verdict is irrevocable: no action may be taken as there is a ten year limitation to these cases ( quite upset with my former lawyer who has told me otherwise)

I was allowed to take action until April the 30th of this year and would have collected just as the 100+ other people have

I should point out that everyone were very helpful when discussing the case

As a conclusion, befor hiring a lawyer in that kind of cases, it is better to talk to these people, it is free and they follow up on cases unlike the one I have been in touch with

i do not think we as foreigners can have the insight knowledge in lawyers, One thing i have learned in any cases like this, need to make friendly with locals, ie Thai who are in the same situation, because as i said before, they always seem to get paid.

PS. I am sorry for your loss

[Markland]

Well I have got my answer sooner than I expected

After five hours and seventy kilometres this morning,, a meetimg with a representative of the Board of consumers, a second one with an attorney general and a visit to the Claims Department the verdict is irrevocable: no action may be taken as there is a ten year limitation to these cases ( quite upset with my former lawyer who has told me otherwise)

I was allowed to take action until April the 30th of this year and would have collected just as the 100+ other people have

I should point out that everyone were very helpful when discussing the case

As a conclusion, befor hiring a lawyer in that kind of cases, it is better to talk to these people, it is free and they follow up on cases unlike the one I have been in touch with

Why didn't you try to get money back sooner ?

[alyx]

To put the record straight some foreigners did register with the board of consumers and did get their money back in full plus 7.5% per annum, I let you do the math....quite an investment at the end of the day

Regarding my stupid wait, it can be explained as follows: when I won the case I was told by my lawyer that the court decision would stand forever, no mention of limitation, and the best would be to wait for the building to be finished in order to claim back

Well, they finished it a couple of weeks ago then I started enquiring

I do really feel upset, not only because of the lack of competence of my lawyer and my gullible attitude, but at the end of the day I am the only who paid lawyer and court whereas everyone else has gotten a free ride coupled with a winning ticket

In any case, I am going to the two meetings set this week with two different lawyers to see how well they did their homework and let some steam out....if nothing else, it will make me feel better

Edited May 21, 2012 by alyx

[Markland]

your lawyer is a ass.he appears to be like my lawyer

so judgements were made that they would get there money back or the money is already back in there accounts ?

that most meen the devloper was not bankrup anymore

the situation is difficult for my understanding

[alyx]

Quite simple, on the contrary

A big company sets a smaller company (same board, same address)

Crisis arrives....small company files for bankruptcy and closes down.....I sue and win against the defunct company....I do the same and lose against the big company

The other do the same but the big company is held responsible thanks to the powerful board of consumers, forcing them to pay ( well it took them ten years as well but they eventually got their money back)

[Markland]

good news for them

[alyx]

Sure and, at least, the consumer is not systematically on the wrong side of the bargain