Can A Thai Court Decide That Money Someone Own You Will Be Taken From His Bank Account and Given to You ?

Hello,

I wonder if in Thailand it happens that when someone has debts a court decides that the money will be taken from his account ?

For example when someone loose a case in a court and has to pay you: what happens if he doesn't pay ?

The money will be transfered by his bank to your bank account ?

And if he has no money,, can the court decide that his house will be sold to pay you ?

I guess that technically (in the law) all these things exist here but that actually it never happens ?

Any experience ?

A builder own a friend money and didn't finish to build the house. Because lawyers want my friend money they tell him that all above is possible, no problem :-)

Of course I told my friend to keep his money because he will never get anything.

What do you think ?

Thank you for your ideas and experiences.

Edited January 30, 201313 yr by Fgis

In a case involving money owed to me, the court awarded in my favour and gave the debtor 60 days to pay. He didnt. Then had to go to another Thai office similar to the bailifs in England. They then have the authority to take the money from the bank.

Sounds like a good result doesn't it? well no not for me as during the 60 days that the debtor had to pay he simply withdrew the money from his account and placed it in another under a family members name. As the bailif only had the authority to confiscate money from the named debtors account there was nothing they could do!

In my experience I wouldnt waste my money on that procedure again.

In a case involving money owed to me, the court awarded in my favour and gave the debtor 60 days to pay. He didnt. Then had to go to another Thai office similar to the bailifs in England. They then have the authority to take the money from the bank.

Sounds like a good result doesn't it? well no not for me as during the 60 days that the debtor had to pay he simply withdrew the money from his account and placed it in another under a family members name. As the bailif only had the authority to confiscate money from the named debtors account there was nothing they could do!

In my experience I wouldnt waste my money on that procedure again.

Taking your case as an example, would it not have been possible for the court to issue an injunction / freezing / forbidding withdrawal of funds at the same time as giving him 60 days?

A question for a lawyer perhaps . . .

Edited January 30, 201313 yr by Trembly

In a case involving money owed to me, the court awarded in my favour and gave the debtor 60 days to pay. He didnt. Then had to go to another Thai office similar to the bailifs in England. They then have the authority to take the money from the bank.

Sounds like a good result doesn't it? well no not for me as during the 60 days that the debtor had to pay he simply withdrew the money from his account and placed it in another under a family members name. As the bailif only had the authority to confiscate money from the named debtors account there was nothing they could do!

In my experience I wouldnt waste my money on that procedure again.

Taking your case as an example, would it not have been possible for the court to issue an injunction / freezing / forbidding withdrawal of funds at the same time as giving him 60 days?

A question for a lawyer perhaps . . .

Thank you for replies.

Yes everything is possible, and even that the debtor changes his name. It is so easy in Thailand, I wouldn waste my time trying to sue any Thai....

Any other experiences ?

I wonder if anyone ever managed to get his money back ?

In a case involving money owed to me, the court awarded in my favour and gave the debtor 60 days to pay. He didnt. Then had to go to another Thai office similar to the bailifs in England. They then have the authority to take the money from the bank.

Sounds like a good result doesn't it? well no not for me as during the 60 days that the debtor had to pay he simply withdrew the money from his account and placed it in another under a family members name. As the bailif only had the authority to confiscate money from the named debtors account there was nothing they could do!

In my experience I wouldnt waste my money on that procedure again.

Taking your case as an example, would it not have been possible for the court to issue an injunction / freezing / forbidding withdrawal of funds at the same time as giving him 60 days?

A question for a lawyer perhaps . . .

Thank you for replies.

Yes everything is possible, and even that the debtor changes his name. It is so easy in Thailand, I wouldn waste my time trying to sue any Thai....

Any other experiences ?

I wonder if anyone ever managed to get his money back ?

The fact that it is easy to change a name is a non-issue for any investigator because not only is there a central record of name changes (current name, previous name, previous previous name etc) but the personal ID number that you can find on the national ID card stays the same.