Is it possible to actually recoup monies in civil court from a Thai?

[tbearthai]

I hear stories about civil cases lasting over five years and then even if the judgement goes to the plaintiff, the monies are never recouped. Any success stories? Is it worth the effort, time and money to pursue?

[ChaangNoi]

I'd like to know about this as well.

[robblok]

I have read success stories here.. but of course it will be hard to do.

I am still waiting for 500 euros in the Netherlands from a court-case I won.. so its not only Thailand where its hard to get the money after a win.

[Sharp]

Yes it is (I did) but only because my lawyer found an asset owned by the defendant... It was seized and ready to be put up for auction to cover the debt (A House in my case )... But he paid up instead of losing the property.... Otherwise I was informed I had won in principal only if he (Thai guy) didn't have anything.... My advice... If I found myself in the same position would be to find any assets first before filing the case... By the way everyone I knew told me to forget but shook my hand when I got my cash back.... Good luck...

[Thongkorn]

In the UK you can take some one to Court and get a court order for them to pay you, If they do not pay You have to go back and get another one, and so it goes on, Until you get an order to cease goods, but if they have nothing you lose again. So its not just Thailand.

[CharlieH]

I would suggest it depends on the amount, if its millions and you are sure there are assets it may be worth pursuing.

If its a small (ish) amount, forget and move on, why would you want additional expense/hassle etc.

From reading the forums here, its a long drawn out process, could be costly, and is seldom worth it.

[swissie]

The Thai-Way is:

First: Depending on the amount, and with some "encouragement", Thai-Police will find anyone in the Kingdom within one month, if the "encouragement" is convincing enough This not a joke.

Second: Once located, the debtor (including the entire Family), will get frequent visits by unpleasant Motorbike folks, that even wear dark sunglasses after midnight. Over many decades, this concept has worked quite well in Thailand.

Drawback: The 2 fold "encouragements" will easily eat-up 50% of the outstanding debt.

And the moral of the story is.......................................Never mind, you know it by now.

Cheers.

[DaddyWarbucks]

As a farang, it is advisable to avoid litigation in Thailand. The deck is stacked against us.

Most Thai defendants in civil cases are judgment-proof... if they aren't when the trial begins, they will be before it is over.

[konying]

Just like with any other country, if defendant is not worth a baht, you can not get water out of stone.

However if he/she has something in their name, then yes you would be able to get paid.

However again, unlike courts back home, where Sheriffs can go to defendants home or office and seize items worth amount owed, in Thailand it is a much more difficult process, as more court dates would be needed to issue such an order and then coordinate it with police(where some donations would be needed) for them to act

[konying]

As a farang, it is advisable to avoid litigation in Thailand. The deck is stacked against us.

Most Thai defendants in civil cases are judgment-proof... if they aren't when the trial begins, they will be before it is over.

Bullshit!

A friend of mine, a foreigner sued a Thai for unpaid work and won.

Another friend, also a foreigner, sued a Thai for unpaid rent and broken contract on commercial property, 3 years in court and also won.

I sued biggest bike retailer in Pattaya and won. Ok, i did not win the full amount i wanted, but won enough to satisfy me

[TallGuyJohninBKK]

As a farang, it is advisable to avoid litigation in Thailand. The deck is stacked against us.

Most Thai defendants in civil cases are judgment-proof... if they aren't when the trial begins, they will be before it is over.

Bullshit!

A friend of mine, a foreigner sued a Thai for unpaid work and won.

Another friend, also a foreigner, sued a Thai for unpaid rent and broken contract on commercial property, 3 years in court and also won.

I sued biggest bike retailer in Pattaya and won. Ok, i did not win the full amount i wanted, but won enough to satisfy me

I guess an important question would be....

In each of the three cases you mentioned above, what percentage of the ultimate judgment actually received got eaten up along the way in terms of total attorney, court, police and other related fees?

It might be great to receive a 100,000 baht judgment against a defendant after three years in court, but not so great if the total fees and costs to get to that point almost equal the judgment received.

[konying]

As a farang, it is advisable to avoid litigation in Thailand. The deck is stacked against us.

Most Thai defendants in civil cases are judgment-proof... if they aren't when the trial begins, they will be before it is over.

Bullshit!

A friend of mine, a foreigner sued a Thai for unpaid work and won.

Another friend, also a foreigner, sued a Thai for unpaid rent and broken contract on commercial property, 3 years in court and also won.

I sued biggest bike retailer in Pattaya and won. Ok, i did not win the full amount i wanted, but won enough to satisfy me

I guess an important question would be....

In each of the three cases you mentioned above, what percentage of the ultimate judgment actually received got eaten up along the way in terms of total attorney, court, police and other related fees?

It might be great to receive a 100,000 baht judgment against a defendant after three years in court, but not so great if the total fees and costs to get to that point almost equal the judgment received.

My case, all costs covered by defendant.

First case, cost him 20K in total, to recover 80k

Second case, i am not too sure on costs, but according to him, legal(lawyer) fees covered by defendant, not too sure about court fees

[TallGuyJohninBKK]

So are you saying, as part of granting judgment for the plaintiffs, the courts in those two cases also required the defendants to cover the plaintiffs' legal fees above and beyond the judgment amounts?

[konying]

So are you saying, as part of granting judgment for the plaintiffs, the courts in those two cases also required the defendants to cover the plaintiffs' legal fees above and beyond the judgment amounts?

I can only answer you with certainty from personal experience.

I sued for losses plus legal fees.

I was given all legal fees, but not the full asking amount for losses.

When you file a case, you have option to ask for legal fees, all depends on courts if it will grant all or partial fees.

[NeverSure]

It would have to be a very large amount of money for me to sue. I like having pleasant days as opposed to being stressed out over a long period. Life is short.

I have been in this situation and made the choice to forget, and I mean forget it emotionally and move on. My satisfaction is in knowing I'm the better man.

Anyone who chooses to go near courts, lawyers and judges if he doesn't have to is a glutton for punishment.

[TheCruncher]

So are you saying, as part of granting judgment for the plaintiffs, the courts in those two cases also required the defendants to cover the plaintiffs' legal fees above and beyond the judgment amounts?

I can only answer you with certainty from personal experience.

I sued for losses plus legal fees.

I was given all legal fees, but not the full asking amount for losses.

When you file a case, you have option to ask for legal fees, all depends on courts if it will grant all or partial fees.

In Thailand, similar as in most other country's, the person who wins the court case will get awarded legal fees. Unfortunately in Thailand, similar as in most other country's, the rewarded fees are only a fraction of the lawyers real cost.

[Beetlejuice]

The Thai legal system is a tedious process and by no means easy like it is in the States or the UK where a plaintiff can apply and sue for a civil court hearing using DIY methods.

In Thailand most courts will not entertain a plaintiff unless the case is conducted by a lawyer and then actually getting it into court can take several years, plus a defendant has the right to appeal the courts decision, twice I think.

If a plaintiff considers a case is worth all the hassle of pursuing, than he has to be certain that the defendant has enough assets or funds to cover the legal fees and pay what is owed if a judgement goes against him in court and of course in the hope that the defendant does not do a disappearing act during the process.

[Sharp]

It would have to be a very large amount of money for me to sue. I like having pleasant days as opposed to being stressed out over a long period. Life is short.

I have been in this situation and made the choice to forget, and I mean forget it emotionally and move on. My satisfaction is in knowing I'm the better man.

Anyone who chooses to go near courts, lawyers and judges if he doesn't have to is a glutton for punishment.

Don't agree!!... My Lawyer only involved me in the court appearances which was twice in 1 year all other aspects of my case I was informed by E mail...

Total of 13 hrs in court in 1 year wasn't too much trouble although I do agree if it was for a small amount of money I would of probably left it alone..

My personal view is if you have the right lawyer and you think it's worth it then go ahead!!

Being the BETTER MAN is so much sweeter with the money in your bank not theirs!!

'Judgment for the plaintiff '... Was music to my ears...

[konying]

So are you saying, as part of granting judgment for the plaintiffs, the courts in those two cases also required the defendants to cover the plaintiffs' legal fees above and beyond the judgment amounts?

I can only answer you with certainty from personal experience.

I sued for losses plus legal fees.

I was given all legal fees, but not the full asking amount for losses.

When you file a case, you have option to ask for legal fees, all depends on courts if it will grant all or partial fees.

In Thailand, similar as in most other country's, the person who wins the court case will get awarded legal fees. Unfortunately in Thailand, similar as in most other country's, the rewarded fees are only a fraction of the lawyers real cost.

Are you telling me how it is in Thailand after i just posted my personal experience going through courts?

[Sharp]

So are you saying, as part of granting judgment for the plaintiffs, the courts in those two cases also required the defendants to cover the plaintiffs' legal fees above and beyond the judgment amounts?

I can only answer you with certainty from personal experience.

I sued for losses plus legal fees.

I was given all legal fees, but not the full asking amount for losses.

When you file a case, you have option to ask for legal fees, all depends on courts if it will grant all or partial fees.

In Thailand, similar as in most other country's, the person who wins the court case will get awarded legal fees. Unfortunately in Thailand, similar as in most other country's, the rewarded fees are only a fraction of the lawyers real cost.

Not true!!... In my case... I was awarded full reimbursement of all costs and principal debt...

[Langsuan Man]

You have no tools here in Thailand when you launch a civil case

In the West you can place a lien on someones property, you can compel them to testify during a deposition and you can trust your lawyer

QUESTION: Since Thai lawyers will not take cases on a contingency basis what is the minimum amount of damage (loss) that a plaintiff should suffer before instituting a legal claim for damages ?

I have been told that anything less than 200,000 THB is not worth the time and expense of a lawsuit in Thailand

A secondary question is; Are the plaintiffs legal fees normally paid by the losing defendant ?

ANSWER:The answer is for ourselves we charge our clients a lawyer fee up front before we submit a case. We also charge a 10% success fee upon completion of the case when we win.

the court fee is 2% of whatever your claim is which is paid at the time we submit the case. The plaintiffs legal fees are not necessarily won in judgement. You may ask to add on the legal costs but the judge may or may not accept this.

Of course my PM on what is the amount of the "lawyer fee up front" was never answered

source: http://www.thaivisa.com/forum/topic/804663-minimum-payout-to-initiate-a-lawsuit-in-thailand/

[TheCruncher]

So are you saying, as part of granting judgment for the plaintiffs, the courts in those two cases also required the defendants to cover the plaintiffs' legal fees above and beyond the judgment amounts?

I can only answer you with certainty from personal experience.

I sued for losses plus legal fees.

I was given all legal fees, but not the full asking amount for losses.

When you file a case, you have option to ask for legal fees, all depends on courts if it will grant all or partial fees.

In Thailand, similar as in most other country's, the person who wins the court case will get awarded legal fees. Unfortunately in Thailand, similar as in most other country's, the rewarded fees are only a fraction of the lawyers real cost.

Not true!!... In my case... I was awarded full reimbursement of all costs and principal debt...

So in Thailand a lawyer can charge whatever he likes and the judge will award it?

That isn't what a Thai lawyer told me a few months ago, when I asked him about, and also doesn't seem to be what is quoted in Langsuan Man's post .

The lawyer in question answered me the same, as what is my experience in the western courts, and that is that a judge awards a certain amount as litigation costs, but the Lawyers real charges are likely to be higher than the awarded amount.

[Sharp]

So are you saying, as part of granting judgment for the plaintiffs, the courts in those two cases also required the defendants to cover the plaintiffs' legal fees above and beyond the judgment amounts?

I can only answer you with certainty from personal experience.

I sued for losses plus legal fees.

I was given all legal fees, but not the full asking amount for losses.

When you file a case, you have option to ask for legal fees, all depends on courts if it will grant all or partial fees.

In Thailand, similar as in most other country's, the person who wins the court case will get awarded legal fees. Unfortunately in Thailand, similar as in most other country's, the rewarded fees are only a fraction of the lawyers real cost.

Not true!!... In my case... I was awarded full reimbursement of all costs and principal debt...

So in Thailand a lawyer can charge whatever he likes and the judge will award it?

That isn't what a Thai lawyer told me a few months ago, when I asked him about, and also doesn't seem to be what is quoted in Langsuan Man's post .

The lawyer in question answered me the same, as what is my experience in the western courts, and that is that a judge awards a certain amount as litigation costs, but the Lawyers real charges are likely to be higher than the awarded amount.

What I can tell you is only my personal experience in which my Lawyer gave me his (costs) price to take on the case until it's judgement, win or lose but in our original claim his costs (price) were included and paid...

[konying]

So are you saying, as part of granting judgment for the plaintiffs, the courts in those two cases also required the defendants to cover the plaintiffs' legal fees above and beyond the judgment amounts?

I can only answer you with certainty from personal experience.

I sued for losses plus legal fees.

I was given all legal fees, but not the full asking amount for losses.

When you file a case, you have option to ask for legal fees, all depends on courts if it will grant all or partial fees.

In Thailand, similar as in most other country's, the person who wins the court case will get awarded legal fees. Unfortunately in Thailand, similar as in most other country's, the rewarded fees are only a fraction of the lawyers real cost.

Not true!!... In my case... I was awarded full reimbursement of all costs and principal debt...

So in Thailand a lawyer can charge whatever he likes and the judge will award it?

That isn't what a Thai lawyer told me a few months ago, when I asked him about, and also doesn't seem to be what is quoted in Langsuan Man's post .

The lawyer in question answered me the same, as what is my experience in the western courts, and that is that a judge awards a certain amount as litigation costs, but the Lawyers real charges are likely to be higher than the awarded amount.

I am guessing lawyer you spoke to was either a scammer or not experienced in court litigation or was not sure if he could win.

In my case, legal fees were agreed upon before filing , contract signed and money paid.

Courts awarded my costs. May be if your legal fees are by the hour, then you would be out of pocket.

[rocketboybkk]

Op, you've got no chance whatsoever getting your money back that you gave your gf to build that house & buy that pickup.

Let it be a lesson learned & move on

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[DaddyWarbucks]

As a farang, it is advisable to avoid litigation in Thailand. The deck is stacked against us.

Most Thai defendants in civil cases are judgment-proof... if they aren't when the trial begins, they will be before it is over.

Bullshit!

A friend of mine, a foreigner sued a Thai for unpaid work and won.

Another friend, also a foreigner, sued a Thai for unpaid rent and broken contract on commercial property, 3 years in court and also won.

I sued biggest bike retailer in Pattaya and won. Ok, i did not win the full amount i wanted, but won enough to satisfy me

Bullshit?

My post was sound advice.

Any farang who initiates civil litigation in Thailand is stepping into a quagmire.

Your stories - assuming veracity - are exceptions to the usual outcome.

You were lucky, or maybe you entered the fray with alacrity and fought to the bitter end.

If your posts are anything to go by, you sound like an alpha male... a type familiar to all Americans from school, from work, and from the military.

A court of law might be your natural habitat where you exercise your abilities and dominate strength, much like the gladiators did in the arena.

For most people, that is not the case; and anybody who takes legal action in Thailand with the expectation of a significant reward needs a check-up from the neck up.

[Sharp]

DW... The OP asked if there where success stories and it's value in going through this process ! Now the OP knows there is ... I do agree with you on a couple of points it could be and I'm sure has been a quagmire for many and probably, definitely we are in the minority but that wasn't the question... I was told too forget it also but decided to take my chance and that's all I'm saying in my reply my friend.. I'm personally not an American and hadn't had any experience in court proceedings prior but don't know about the other members on this thread.

Edited May 6, 2015 by Sharp

[rocketboybkk]

DW... The OP asked if there where success stories and it's value in going through this process ! Now the OP knows there is ... I do agree with you on a couple of points it could be and I'm sure has been a quagmire for many and probably, definitely we are in the minority but that wasn't the question... I was told too forget it also but decided to take my chance and that's all I'm saying in my reply my friend.. I'm personally not an American and hadn't had any experience in court proceedings prior but don't know about the other members on this thread.

In honesty there are no success stories so other posters are just making things up for bravado as they've lost money too and saying they've got it back is like the million + baht being in their bank account again rather then that house in Issan on that plot of land that was theirs but never really theirs.

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[konying]

As a farang, it is advisable to avoid litigation in Thailand. The deck is stacked against us.

Most Thai defendants in civil cases are judgment-proof... if they aren't when the trial begins, they will be before it is over.

Bullshit!

A friend of mine, a foreigner sued a Thai for unpaid work and won.

Another friend, also a foreigner, sued a Thai for unpaid rent and broken contract on commercial property, 3 years in court and also won.

I sued biggest bike retailer in Pattaya and won. Ok, i did not win the full amount i wanted, but won enough to satisfy me

Bullshit?

My post was sound advice.

Any farang who initiates civil litigation in Thailand is stepping into a quagmire.

Your stories - assuming veracity - are exceptions to the usual outcome.

You were lucky, or maybe you entered the fray with alacrity and fought to the bitter end.

If your posts are anything to go by, you sound like an alpha male... a type familiar to all Americans from school, from work, and from the military.

A court of law might be your natural habitat where you exercise your abilities and dominate strength, much like the gladiators did in the arena.

For most people, that is not the case; and anybody who takes legal action in Thailand with the expectation of a significant reward needs a check-up from the neck up.

Stop talking out of your backside, giving out false information and advice based on rumors and what you heard in the bar.

NO different to bull rumors that foreigner always at fault in case of accidents. Sure if you act like a dick, you would be.

Edited May 6, 2015 by konying

[konying]

DW... The OP asked if there where success stories and it's value in going through this process ! Now the OP knows there is ... I do agree with you on a couple of points it could be and I'm sure has been a quagmire for many and probably, definitely we are in the minority but that wasn't the question... I was told too forget it also but decided to take my chance and that's all I'm saying in my reply my friend.. I'm personally not an American and hadn't had any experience in court proceedings prior but don't know about the other members on this thread.

In honesty there are no success stories so other posters are just making things up for bravado as they've lost money too and saying they've got it back is like the million + baht being in their bank account again rather then that house in Issan on that plot of land that was theirs but never really theirs.

Sent from my iPhone using Tapatalk

You state with certainty there are no success stories.

What are you basing your assertions on?