returnofthailand Posted June 10, 2016 Share Posted June 10, 2016 (edited) is it legal to blackmail someone like "if you don't pay me, I will sue you and you will have to pay my lawyer fees... so better for you to pay me.... is that considering blackmail? legal? any lawyers here? Edited June 10, 2016 by returnofthailand Link to comment Share on other sites More sharing options...
Lannig Posted June 10, 2016 Share Posted June 10, 2016 That's not blackmailing IMHO. That's commanding or summoning and I see no reason why this wouldn't be legal even in the context of the weird Thai laws. Blackmailing would be threatening of some physical action or defamation (as in "I'm going to tell everyone that you're a thief"). A very different thing. I really can't see how "Pay me or I'll sue you" could be illegal. Link to comment Share on other sites More sharing options...
jadee Posted June 10, 2016 Share Posted June 10, 2016 I'm not a lawyer so I may be wrong but I think that's just a threat, not blackmail. Blackmail is demanding money for not revealing compromising information about them. For example, 'If you don't pay me, I'll let it be known that you go to xyz club' etc. Link to comment Share on other sites More sharing options...
GuestHouse Posted June 10, 2016 Share Posted June 10, 2016 The OP assumes he will win his case. Link to comment Share on other sites More sharing options...
Chicog Posted June 10, 2016 Share Posted June 10, 2016 Get the lawyer to write the letter.Normally enough to scare simpletons. Link to comment Share on other sites More sharing options...
wprime Posted June 10, 2016 Share Posted June 10, 2016 If it's a civil claim it's not blackmail, it's the correct procedure for recovering losses. If it's criminal then they aren't suing you, the crown is pressing charges against you in which case it is blackmail. Link to comment Share on other sites More sharing options...
blackcab Posted June 10, 2016 Share Posted June 10, 2016 is it legal to blackmail someone like "if you don't pay me, I will sue you and you will have to pay my lawyer fees... so better for you to pay me.... is that considering blackmail? legal? any lawyers here? That's not blackmail by any stretch of the imagination. Not even close to it. Blackmail is making an unwarranted demand with menaces with a view to making a gain. What you have to consider is whether the demand is warranted or not. Do you owe the money? Is the money due to be paid? If yes, then the demand is definitely warranted. People are allowed to ask for their money to be repaid, and they are also allowed to remind you of the legal consequences of your continued lack of payment. It might surprise you, but Courts actually expect lenders to try to resolve things informally before proceeding to Court. Which is what the lender is doing. Link to comment Share on other sites More sharing options...
Berkshire Posted June 11, 2016 Share Posted June 11, 2016 is it legal to blackmail someone like "if you don't pay me, I will sue you and you will have to pay my lawyer fees... so better for you to pay me.... is that considering blackmail? legal? any lawyers here? That's not blackmail by any stretch of the imagination. Not even close to it. Blackmail is making an unwarranted demand with menaces with a view to making a gain. What you have to consider is whether the demand is warranted or not. Do you owe the money? Is the money due to be paid? If yes, then the demand is definitely warranted. People are allowed to ask for their money to be repaid, and they are also allowed to remind you of the legal consequences of your continued lack of payment. It might surprise you, but Courts actually expect lenders to try to resolve things informally before proceeding to Court. Which is what the lender is doing. It sure does sound like the OP owes someone money and doesn't want to pay up. Depending on who he owes, paying lawyer fees may be the least of his problems. Simple solution OP: just pay your freakin debts. Link to comment Share on other sites More sharing options...
sitti Posted June 11, 2016 Share Posted June 11, 2016 I currently do have a civil lawsuit going on. I'm 100% sure that is not considered as a threat in Thailand. It is not even a blackmail. That person is simply telling you his intention of suing you to collect money you owe him. There is nothing illegal about that and he has every right to do so. If he is truly going to sue you, usually it will be followed by a letter with a deadline to pay up from him or his attorney. Link to comment Share on other sites More sharing options...
roath Posted June 11, 2016 Share Posted June 11, 2016 Based on what you have posted, this wouldn't constitute blackmail, but if the case was wholly unfounded (and the person making the threat knew that to be the case), then that would generally constitute extortion (which is in most legal jurisdictions a criminal rather than a purely civil offence). If however the threat were being made over e.g. a business dispute and there was some basis to the threat to go to Court, even though the basis of the claim was spurious or completely OTT, then that would be likely to constitute "sharp" or unfair business practices, but it would be unlikely to constitute extortion from either a criminal or a civil aspect. It would generally only constitute blackmail if there were some aspects involved which might get you into trouble legally or with the knowledge that details that disclosed during the case would be embarrassing to you, or get you into trouble (e.g. that you were cheating on your wife/business partner which would have secondary legal and personal ramifications, or had done something illegal, which would obviously have other potential ramifications) and the purpose of the threat to take you to court was done with that knowledge. If there was some basis for the case, or if there was a reasonable belief that the basis of the case was justifiable, then it would be unlikely (although not impossible by any means) to constitute either blackmail or extortion. These are generalisations, and a lawyer would only be able to give you a more definitive response if they were in full possession of the facts pertaining to the case. Anyway, based on what you have stated, with an assumption that some monies are owed, rather than a simple demand for money with no basis for the claim save for the intimidation, then I would not say that that constitutes either blackmail or extortion or indeed is anything save for stating a fact that if you don't pay monies owed, then that person may take you to court, at which time further costs would be incurred by you in the pursuit of those monies owed. Link to comment Share on other sites More sharing options...
Monkeyrobot Posted June 11, 2016 Share Posted June 11, 2016 I'm not a lawyer so I may be wrong but I think that's just a threat, not blackmail. Blackmail is demanding money for not revealing compromising information about them. For example, 'If you don't pay me, I'll let it be known that you go to xyz club' etc. I go there good club, next time I will wear a mask. Link to comment Share on other sites More sharing options...
dotpoom Posted June 11, 2016 Share Posted June 11, 2016 That's neither blackmail or threatening....IMO... it's merely stating a "fact". Link to comment Share on other sites More sharing options...
manarak Posted June 11, 2016 Share Posted June 11, 2016 (edited) 555 I have to laugh at the hilarious question asked by OP. answer: no, threatening to take you to court is not blackmail ! LOL that's what the legal system is for! Edited June 11, 2016 by manarak Link to comment Share on other sites More sharing options...
mesterm Posted June 11, 2016 Share Posted June 11, 2016 I'm not a lawyer so I may be wrong but I think that's just a threat, not blackmail. Blackmail is demanding money for not revealing compromising information about them. For example, 'If you don't pay me, I'll let it be known that you go to xyz club' etc. Nataree? Link to comment Share on other sites More sharing options...
BudRight Posted June 11, 2016 Share Posted June 11, 2016 If they were going to sue you they would just do it, not threaten to sue. They're bluffing. Besides, unless you have real assets to seize then who cares about the judgement anyway? It's a civil matter - it's not like it could stop you leaving Thailand. I mean hell, threaten to counter-sue! Link to comment Share on other sites More sharing options...
NickJ Posted June 11, 2016 Share Posted June 11, 2016 If you borrowed money and it is time to pay it back and you dont. You could get sued. However. depending on the amount. There needs to be a duty/tax stamp on the document. If there isnt then maybe the lower court will order funds to be payed back, maybe they wont. Went it goes to the Higher court it will get dismissed. I learned the hard way with this. Will never loan money anymore. Link to comment Share on other sites More sharing options...
impulse Posted June 11, 2016 Share Posted June 11, 2016 (edited) "If you don't give me money, I'll post those photos of you with the sheep". That's blackmail. "If you don't give me money, I'll beat the crap out of you". That's extortion. "If you don't pay me the money you owe me, I'll take you to court" That's business. Edited June 11, 2016 by impulse Link to comment Share on other sites More sharing options...
returnofthailand Posted June 11, 2016 Author Share Posted June 11, 2016 that s right. the guy is bluffing me probably . I have no date to pay. the guy is a crook by playing the system and he doesn't want to give me the time to investigate what s going on. he want settle the case before we discover things about him. Link to comment Share on other sites More sharing options...
ozyjon Posted June 11, 2016 Share Posted June 11, 2016 blackmailing of suing someone in Thailand, is it legal? Ask my previous girlfriend who tried it on me various times until she got home one day to find me gone, 4 years later still gone. And the money went with me. Link to comment Share on other sites More sharing options...
tropo Posted June 11, 2016 Share Posted June 11, 2016 That's not blackmailing IMHO. That's commanding or summoning and I see no reason why this wouldn't be legal even in the context of the weird Thai laws. Blackmailing would be threatening of some physical action or defamation (as in "I'm going to tell everyone that you're a thief"). A very different thing. I really can't see how "Pay me or I'll sue you" could be illegal. This would be easy to solve here. If someone threatened to defame you or your business if you didn't pay up it would be best to tell them "go ahead, and when you do I will have you criminally charged for defamation, a jailable offense". I'm sure they will change their mind. Link to comment Share on other sites More sharing options...
dutchdog3000 Posted June 12, 2016 Share Posted June 12, 2016 "If you don't give me money, I'll post those photos of you with the sheep". That's blackmail. "If you don't give me money, I'll beat the crap out of you". That's extortion. "If you don't pay me the money you owe me, I'll take you to court" That's business. well said and to the point most people would understand thx Link to comment Share on other sites More sharing options...
JLCrab Posted June 12, 2016 Share Posted June 12, 2016 that s right. the guy is bluffing me probably . I have no date to pay. the guy is a crook by playing the system and he doesn't want to give me the time to investigate what s going on. he want settle the case before we discover things about him. You never said one of the reasons that you never have to open your wallet is that you just borrow the money. Link to comment Share on other sites More sharing options...
sanukjim Posted June 12, 2016 Share Posted June 12, 2016 Hey,Quit being a slacker and pay your bills on time.It will save you these threats,and yes they can sue through the courts and you would not like it if your dirty laundry is open to the courts.Pay Up. Link to comment Share on other sites More sharing options...
Testacall Posted June 12, 2016 Share Posted June 12, 2016 To the op.... I'm sitting here in oasis a gogo and as a Thai visa member doing research on ur question using the free Wi-Fi I can almost say yes to ur question about black males ...oh wait let me do a little more research Link to comment Share on other sites More sharing options...
Berkshire Posted June 13, 2016 Share Posted June 13, 2016 that s right. the guy is bluffing me probably . I have no date to pay. the guy is a crook by playing the system and he doesn't want to give me the time to investigate what s going on. he want settle the case before we discover things about him. You never said one of the reasons that you never have to open your wallet is that you just borrow the money. So this is the same guy from this thread: http://www.thaivisa.com/forum/topic/918962-i-spend-so-little-money-in-thailand-that-its-hard-to-open-my-wallet/ Figures. Link to comment Share on other sites More sharing options...
returnofthailand Posted June 13, 2016 Author Share Posted June 13, 2016 and? Link to comment Share on other sites More sharing options...
Berkshire Posted June 13, 2016 Share Posted June 13, 2016 and? One can surmise that the reason you "spend so little money in Thailand" is because you simply refuse to pay your bills. Link to comment Share on other sites More sharing options...
cyberfarang Posted June 13, 2016 Share Posted June 13, 2016 It could be considered blackmail or extortion in certain circumstances. If someone says, typically a woman against a man, she were sexually molested or raped by a man, a false accusation, and will go to the police or the court if he doesn`t pay her a sum of money, then yes that could be considered a form of blackmail. Or if someone accuses someone else of committing an offense against them that is not true and threatens legal action unless they pay up, that too can be considered a form of blackmail. In fact even if a bad deed has been committed against another person, a criminal offense other than a civil offense and money is asked in exchange for not going to the police and criminal court, then that is also a form of blackmail because in all criminal cases the law says a victim must report the matter to the police, otherwise it`s claiming money with menaces or taking the law into their own hands. Link to comment Share on other sites More sharing options...
DLock Posted June 13, 2016 Share Posted June 13, 2016 Do you believe you owe him money? If not, make him prove it in court. If you signed a contract and he has upheld his end, and you do owe him money, why not just pay it? If you didn't sign a contract, ignore him. Court cases literally take years to get into court, then they make you try arbitration first to find a settlement, and if that fails, you set a date to go to court...which can still take many months or years. You can miss a couple of court dates, whereas the prosecuting party must always turn up... In the end, assuming he wins, you will have to pay what you owe him. I am unsure about his legal costs however. The legal system does work, but it's slow and tiring...and even if he wins, if you still don't pay, he has to take you back to court again. Link to comment Share on other sites More sharing options...
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