Wife been made bankrupt in Thailand

[beachproperty]

^{Here is what I am thinking, as my wife has received no correspondence whatsoever from the court how could she know there was a problem. My wife thinks one of the problems could be that she failed to attend the}

^{court hearing, and possibly face arrest for failing to attend, but how could she if she didn't know anything about it? Does anybody know if court summons are sent out by recorded delivery or sent by a police officer in Thailand?}

Failure to show up for a court date ....when "notice is properly served" may result in an "arrest warrant"...This usually applies to criminal cases...

In civil cases ...failure to show up (even when properly served) results in a "default judgement" and nothing more (means you lose the case)

That's how it works in America

She was not served! She had no notice! Caveat though, some systems allow for service by publication ...in civil cases (not sure about Thailand) but as stated above ....the worst that can happen is a "default judgement"...therefore NO ARREST WARRANT!

hope that helps you....as many have said your wife has no problem...

BUT this being Thailand ...maybe if she came and her ex-husband went and told the police ....well???? ...I don't know ...This is Thailand

Edited January 11, 2014 by beachproperty

[Guitar God]

It seems like a lot to owe on the house they been paying for for 10 years that the bank only was able sell for 1.2 million.

I'd get a lawyer to do some fact-checking.

Thanks for your reply. My wife said there were three names on the loan and she thinks ( not sute) nobody guaranteed it. She originally married at a bangkok registery office. Sent from my GT-I9505 using Thaivisa Connect Thailand mobile app

Of course it could be that someone thinks your stupid and will sent the 800,000 baht. The other thought

is that 2,400,000 is a lot to owe on a Thai house

[ozyjon]

I would love you to send us the feed back after the problem has been sorted.

Many houses in my village have the RED BANNER tied to the front fence,

houses re-posesed by banks that are now up for sale,, i can't see a big problem

because the bank loans the money for purchase, if payments aren't made for 3

months the house is re-posesed and sold for the bank to recoup their money, if

everyone in Thailand was to suffer your misfortune the courts would be full for

the next millennium, i don't see it happen and i know people who have lost their

home and i don't see them crying, life goes on,, i think you are being scammed.

Get legal advice, get a lawyer to check with the bank etc on you behalf so you

can sleep better at night.

Good luck.

Send no money, it really smells of a scam to me.

[mrfaroukh]

If the house worth more than 800 000 Baht then you can get everything in your name if others agree and then pay up. Remember in your name and not even in your wife name. Be always little alert.

[Spoonman]

If the house worth more than 800 000 Baht then you can get everything in your name if others agree and then pay up. Remember in your name and not even in your wife name. Be always little alert.

Why would the OP want a house that has already been repossessed by the bank in his name ?

[Nemesis7]

Just search Google and contact a lawyer. Get a real and professional advice.

[khaowong1]

I don't know if this is accurate as my wife has a similar situation. The bank foreclosed and sold the property for B500,000 less than what was due.

Since my wife works for the Government, the bank came after her and not her X as she has a verified income. The bank got a court order stating she is responsible for the difference in what the bank is due [b500,000] from the original mortgage and threatened to force her into bankruptcy if she refuses to pay.

Thai law states that if a Govt Employee goes bankrupt, they will be fired and lose all accumulated Gov benefits including her pension.

If this law [733] is being interpreted properly, why would the court side with the bank and order her to pay?

There are courts, then there are Thai courts.

[rgs2001uk]

It seems like a lot to owe on the house they been paying for for 10 years that the bank only was able sell for 1.2 million.

I'd get a lawyer to do some fact-checking.

Thanks for your reply. My wife said there were three names on the loan and she thinks ( not sute) nobody guaranteed it. She originally married at a bangkok registery office. Sent from my GT-I9505 using Thaivisa Connect Thailand mobile app

Of course it could be that someone thinks your stupid and will sent the 800,000 baht. The other thought

is that 2,400,000 is a lot to owe on a Thai house

It seems like a lot to owe on the house they been paying for for 10 years that the bank only was able sell for 1.2 million.

I'd get a lawyer to do some fact-checking.

Agreed.

Lets assume the house was bought ten years ago, now compare original purchase price with todays worth.

Anyone in Thailand will have seen the increases in house/land value over the last ten years.

Call me cynical, sounds like someone somewhere picked up a bargain.

Perhaps the OP could give some details of what was originally purchased and where it was purchased.

[DGIE]

Thanks for the input guys. As we have no immediate plans to live in Thailand it's just the passport control bit she is worried about. Will she be allowed to exit Thailand? My wife does have contact with her ex-husband as he is the father of her two children from that marriage.

and your wife is also keeping contact info of her ex-husband

[oogster8]

new advice. Let the wife handle it-its her problem...............lol. If she dont want to go to thailand then she dont go.

[Skint]

If the ex husband had the contact details of your mrs then why did he not say long before like when court dates were set etc.

Sounds like a scam.

If this wasn't a scam then why would the OP be liable?

Sent from my iPhone using Thaivisa Connect Thailand

[wolf5370]

If the ex husband had the contact details of your mrs then why did he not say long before like when court dates were set etc. Sounds like a scam. If this wasn't a scam then why would the OP be liable? Sent from my iPhone using Thaivisa Connect Thailand

He isn't liable - his wife is (or was actually) as she signed for the loan and all parties are equally liable for the repayment. Anyway, the loan is now irrelevant if bankruptcy has been served as there is now legal protection from the debt (along with black listing from further debt for a 10 year period).

[meatboy]

It seems like a lot to owe on the house they been paying for for 10 years that the bank only was able sell for 1.2 million.

I'd get a lawyer to do some fact-checking.

Thanks for your reply. My wife said there were three names on the loan and she thinks ( not sute) nobody guaranteed it. She originally married at a bangkok registery office. Sent from my GT-I9505 using Thaivisa Connect Thailand mobile app

Of course it could be that someone thinks your stupid and will sent the 800,000 baht. The other thought

is that 2,400,000 is a lot to owe on a Thai house

there seems to be a lot that is not adding up,if the house was falling down what about the land a 100sq.wah.would be worth more than 400,000bht.surely if she wants to find out,who put it through,and who bought it that cant be difficult.if she gave the land registery office a ring they might give her the answer.

i did say i would ask my freind wether her ex.is telling the truth but on second thoughts i declined,the reason was someone with a simular problem on here 2yrs ago after 9yrs of marriage had the bigest shock of his life after i told him i would try and find out for him what his wife had been up to so as they say leave well alone and dont get involved.

[louse1953]

op said girl is doing well in uk. why dont she take responsibility and pay off the bank. SHE DOES OWE IT>

Faaaark the banks,don't you think they gouge us enough already.

[louse1953]

Thanks for the input guys. As we have no immediate plans to live in Thailand it's just the passport control bit she is worried about. Will she be allowed to exit Thailand? My wife does have contact with her ex-husband as he is the father of her two children from that marriage.

and your wife is also keeping contact info of her ex-husband

Pathetic post,insinuating what!

[Skint]

Thanks for the input guys. As we have no immediate plans to live in Thailand it's just the passport control bit she is worried about. Will she be allowed to exit Thailand? My wife does have contact with her ex-husband as he is the father of her two children from that marriage.

and your wife is also keeping contact info of her ex-husband

Pathetic post,insinuating what!

Pretty obvious what it is insinuating, no point being shy It reeks of scam.

Sent from my iPhone using Thaivisa Connect Thailand

[meatboy]

Thanks for the input guys. As we have no immediate plans to live in Thailand it's just the passport control bit she is worried about. Will she be allowed to exit Thailand? My wife does have contact with her ex-husband as he is the father of her two children from that marriage.

and your wife is also keeping contact info of her ex-husband

Pathetic post,insinuating what!

another thing i cant get my head around,the ex and sister in law are about to be thrown out onto the street[soi] with her child whom she has contact with and your wife say's she knew nothing about it,somebody is [go hok] sorry wedge 1,if this is the first you have heard about this well,well, well.oh by the way did the ex.ever work after the divorce.

[DGIE]

Thanks for the input guys. As we have no immediate plans to live in Thailand it's just the passport control bit she is worried about. Will she be allowed to exit Thailand? My wife does have contact with her ex-husband as he is the father of her two children from that marriage.

and your wife is also keeping contact info of her ex-husband

Pathetic post,insinuating what!

Pretty obvious what it is insinuating, no point being shy It reeks of scam.

Sent from my iPhone using Thaivisa Connect Thailand

agree with you Skint!

But louse1953 doesn't sense something here

[wedge1]

Thanks for your input everybody. Nobody has really given me any definite answers, just people guessing which is of no use. I'm contacting a lawyer tomorrow and i will let you know the outcome good or bad.

Sent from my GT-I9505 using Thaivisa Connect Thailand mobile app

[Arkady]

As far as I know, there is virtually no limitation on banks pursuing individuals for personal loans, unless they declare personal bankruptcy. That means, I believe, that they can still go after you on a mortgage after they have foreclosed, if they can't raise enough from selling the property to reimburse the outstanding loan, interest and penalties. In practice they are unlikely to bother with some one living overseas with no assets in Thailand for a small amount like this. The wife should avoid acquiring more assets in Thailand though. The bank can go after after one partner to pay off the debts of all partners, if they want.

Since this is not a criminal case, I don't think there is anything to fear from Immigration or that it would make any difference if she came to Thailand on a British passport. The British Embassy wouldn't lift a finer to help her in a case like this. So no advantage to arriving on that passport.

Basically I don't think there is much to worry about. Just ignore anything that comes from the ex about having to pay money or being in danger of being arrested. It is probably a scam to get money for himself.

[wedge1]

Please delete this thread.Thanks

Sent from my GT-I9505 using Thaivisa Connect Thailand mobile app

[mmh8]

If they were legally divorced then she is not liable. It sounds like someone wants to make some money. If only husband has paid for house only ex husband will have receipts

[ubonjoe]

Please delete this thread.Thanks Sent from my GT-I9505 using Thaivisa Connect Thailand mobile app

Closed