up2you2 Posted January 25, 2015 Share Posted January 25, 2015 In 2006 I won a Court Order against my builder, who ran away with my deposit.I am now thinking how it might be best to address this situation, before the ten year time limit to recover these funds expires.It strikes me that I have two major obstacles to over come.To physically locate him in Thailand, without him knowing that I am looking for him.And then secondly to find out if he has assets in his own name, that might be impounded, until he settles this Court Order.Any help, advise or suggestions would be greatly appreciated. Link to comment Share on other sites More sharing options...
Costas2008 Posted January 25, 2015 Share Posted January 25, 2015 You have better chance of finding the needle you lost in the haystack, than finding the builder or recovering any money from him. I'm sorry to say that, but that's a fact of life, more in Thailand, but many times all over the other world. And life is carrying on.............. Link to comment Share on other sites More sharing options...
sanuk711 Posted January 25, 2015 Share Posted January 25, 2015 The voice of doom Costas.....he has gone this far he may as well have a shot at it. You have waited a while up2you2, & I think to locate him you need "Private" help from the BIB, locating someone who has to use an ID card isn't impossible, if the right people are asking the questions, . Its really up to you if you want to spend more money looking, because once found he may not have the funds to pay you anyway. 1 Link to comment Share on other sites More sharing options...
DLock Posted January 25, 2015 Share Posted January 25, 2015 If you won a "Court Order", what in this context does that mean? Surely it's not up to you to track him down and figure out his assets and recover your money? He has an order from the court to pay you back. That payment (amount and dates) should have been part of the court order. Has he defied the court and missed the payments? If he defies an order of the court, things will get more serious for him...when he eventually surfaces. You should have stayed on top of this...but I suspect there is more to this story. The court system here works. Link to comment Share on other sites More sharing options...
up2you2 Posted January 25, 2015 Author Share Posted January 25, 2015 Civil Case Between : The Plaintiff The Diffidence Subject: Bill of exchange. The plaintiff sue and required to give an order the diffidence to pay a debt of Cheque in the amount of THB. .- inclusive with an interest 7.5 % per annum on the capital of THB. .- commencing from the day of 19th May 2005 until the diffidence fulfilled payment to the plaintiff. The diffidence defaulted to answers. The plaintiff submitted the require application to win the case because the diffidence defaulted to answer. Regarding to the beneficially of judgment, the judges desired to investigates the witnesses relate to the plaintiff’s justifications. Therefore, one side investigates by the plaintiff. In the inquiry, the plaintiff justification himself to be a witness and testify with the document number Jor. 1 to Jor. 8. Nevertheless there is no any evidence by the diffidence. The Plaintiff’s evidences shall be dependable as the plaintiff hired the diffidence to built a house and paid a deposit to of THB. .- to the Diffidence. The diffidence ordered to pay for a cheque of THB. .- to guarantee the deposit of built a house to the plaintiff, therefore the plaintiff is the legal cheque holder. The diffidence defaulted to built a house in accordance to the contract, the bank ignore to pay a money on the day of 12th September 2005 when the cheque on due. This plaintiff’s plaint is basis in truth and not conflict of law. The diffidence who the payer shall responsible to pay a money according to cheque in the amount of THB. .- plus an interest of 7.5 % per annum commencing from the day of 12th September 2005 until fulfilled payment to the plaintiff Therefore, Court hereby gives order to the diffidence pay THB. with an interest of 7.5 % per annum commencing from the day of 12th September 2005 until fulfilled payment to the plaintiff, moreover the diffidence must repay a court fees plus a lawyer fees of THB. 2,000.- to the plaintiff Certified True Copy n Court Seal – Link to comment Share on other sites More sharing options...
WhamBam Posted January 25, 2015 Share Posted January 25, 2015 If you won a "Court Order", what in this context does that mean? Surely it's not up to you to track him down and figure out his assets and recover your money? He has an order from the court to pay you back. That payment (amount and dates) should have been part of the court order. Has he defied the court and missed the payments? If he defies an order of the court, things will get more serious for him...when he eventually surfaces. You should have stayed on top of this...but I suspect there is more to this story. The court system here works. These types of court order are issued to say the person named in it does owe the debt. Yes, it is up to you to find the person. The courts are not there to do this. It is not a case of him defying the court order. If he is untraceable, he cannot be served, but - again - courts do not serve papers or use Bailiffs like they do in the West. You are thinking along the wrong lines. @ the OP Depending on the amount owed, whether or not it is worth offering a 'friendly' policeman or a debt collector a % of monies recovered to find this man and seize his assets. The offer of a sum up front with the promise of a good % could get you the desired result, especially as he needs to be 'apprehended' before he runs again ONCE / IF he is located. Plus you will need some help to know if he actually owns any assets. 1 Link to comment Share on other sites More sharing options...
DLock Posted January 25, 2015 Share Posted January 25, 2015 If you won a "Court Order", what in this context does that mean? Surely it's not up to you to track him down and figure out his assets and recover your money? He has an order from the court to pay you back. That payment (amount and dates) should have been part of the court order. Has he defied the court and missed the payments? If he defies an order of the court, things will get more serious for him...when he eventually surfaces. You should have stayed on top of this...but I suspect there is more to this story. The court system here works. These types of court order are issued to say the person named in it does owe the debt. Yes, it is up to you to find the person. The courts are not there to do this. It is not a case of him defying the court order. If he is untraceable, he cannot be served, but - again - courts do not serve papers or use Bailiffs like they do in the West. You are thinking along the wrong lines. @ the OP Depending on the amount owed, whether or not it is worth offering a 'friendly' policeman or a debt collector a % of monies recovered to find this man and seize his assets. The offer of a sum up front with the promise of a good % could get you the desired result, especially as he needs to be 'apprehended' before he runs again ONCE / IF he is located. Plus you will need some help to know if he actually owns any assets. I see. So the defendant failed to appear, so the summary judgement for the debt was granted. It was not a legal case where the defendant appeared, fought and lost and was ordered by the court to pay an amount by a date. So it is just a default judgement for a proven debt. I had understood it differently, having gone through 2 successful cases in Thailand. Good luck OP, but this highlights that you should have thought about this a long time ago. Link to comment Share on other sites More sharing options...
Thongkorn Posted January 25, 2015 Share Posted January 25, 2015 Forget it mate move on , this is a common thing, They even do it to there own poor people , My Thai mother in law had the same problem , recovering the money is the problem , they are not stupid they don't have in in banks, you would pay more to try and recover it than its worth , and still not get it back. move on . Link to comment Share on other sites More sharing options...
Jay Sata Posted January 25, 2015 Share Posted January 25, 2015 A friend of mine had a similar problem a few years ago. He decided to pay the bib some commision and he guy was locked up in 24 hours. He got his money. 1 Link to comment Share on other sites More sharing options...
Seastallion Posted January 25, 2015 Share Posted January 25, 2015 Have you tried facebook or other social media? You may be surprised. Try various anglicised versions of his name, and of course, his name in Thai. Same for google....he may have appeared in a newspaper, or some other court action....he may even be advertising. Also for facebook and other social media...put out a message (under an assumed name...say Malay to cover your lack of Thai) asking people if they know him "because you have some money for him". Link to comment Share on other sites More sharing options...
crickets Posted January 25, 2015 Share Posted January 25, 2015 Good luck on your turd hunt! Link to comment Share on other sites More sharing options...
TheFishman1 Posted January 25, 2015 Share Posted January 25, 2015 Get a Private Eye to find him he probably will have nothing in his name to recover This is Thailand Link to comment Share on other sites More sharing options...
beachproperty Posted January 26, 2015 Share Posted January 26, 2015 (edited) WOW....let's see if I understand this. You've waited 9 years to locate and collect on a judgement And you think now things will be different, That first off you think you can find him AND even if you do that he has the funds to pay you My advice ....give it up, get some peace of mind knowing you made a mistake and its over....MOVE ON PS....not sure about Thailand but in the west you can "renew" a judgement (ie get another 10 years) Edited January 26, 2015 by beachproperty Link to comment Share on other sites More sharing options...
crickets Posted January 26, 2015 Share Posted January 26, 2015 How much money does he owe you? Link to comment Share on other sites More sharing options...
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