Do I have a case?

[ruds]

Hi all,

 

8 years ago a foreigner ran off with $400,000 of my money here in Thailand. 8 years later he has resurfaced in Thailand and I would like to know if I have grounds to get my money back? 

 

There are two loans in question, one loan was to his company from my company (his company failed) and the second loan was a personal loan. He disappeared but not before signing a contract stating details of the loans (with witnesses). Also signed was a personal acknowledgment that he was responsible for his company failure and under the understanding that the money was to be paid back 

 

Any advice would be welcome 

 

 

[funandsuninbangkok]

Sorry can't waste my time on anything less than a million.  

 

Guys, over to you. 

[mstevens]

If the guy has money and you think there is a chance you could get your money back then legal action would be worth pursuing.

 

Go to the best legal firm you can afford and consult them.  They will tell you what is involved, how much it will cost, the likelihood of winning and he likelihood of getting some of your money back.

 

I reiterate that you should go to one of the big Bangkok legal firms.  The reason for this is that there are many reports of foreigners in Thailand who have engaged individual lawyers and have gone on to be VERY disappointed with the service.

[meatboy]

nothing but a DIY.

[colinneil]

If you have survived 8 years without that money move on forget it.

Why throw more money away trying to get it back.

Yes ok get lawyers involved and the only people to come out of this with money is the lawyers.

[Straight8]

If you don't have solid evidence, you have no hope in hell to get a dime back, and for that much money, he will just disappear again.

[MonkeyLoo]

Don't throw more good money after bad. Lawyers will promise you the earth but deliver nothing and you will be further out of pocket.

Things like this are dealt with in a different way in Thailand.

Don't give up recovering your money. And don't use lawyers. Ask around and you will find someone to take it on for you.

 

[ruds]

34 minutes ago, Straight8 said:

If you don't have solid evidence, you have no hope in hell to get a dime back, and for that much money, he will just disappear again.

What would be considered "solid evidence" ?

[Oxx]

No case for recovering the company loan.  The company went bankrupt, so has no assets to repay you.  The individual is not personally liable for the debt, except in cases of egregious malfeasance.

[Straight8]

29 minutes ago, ruds said:

What would be considered "solid evidence" ?

Well I am sure you just didn't hand over 400k just like that did you?

Legal document relating to why you gave the money, anything that can be used as proof or evidence to built a case basically.

[Old Croc]

If I was going to throw good money after bad I would spend it on a more basic form of retribution.

[malt25]

If you decide to pursue the issue, why not see if a law firm will accept the case on a "no win, no fee" basis ?  I'm not sure if this is done here in Thailand, but I'd be asking the question.

Just sayin.

[meatboy]

10 minutes ago, Straight8 said:

Well I am sure you just didn't hand over 400k just like that did you?

Legal document relating to why you gave the money, anything that can be used as proof or evidence to built a case basically.

seems like he DID,not only once but TWICE.

[phantomfiddler]

The big problem is that even if you win in court, which you probably will, the court does not enforce the decision and you are back to square one. Find a friendly cop and promise him 30% .

[stephenterry]

5 hours ago, mstevens said:

If the guy has money and you think there is a chance you could get your money back then legal action would be worth pursuing.

 

Go to the best legal firm you can afford and consult them.  They will tell you what is involved, how much it will cost, the likelihood of winning and he likelihood of getting some of your money back.

 

I reiterate that you should go to one of the big Bangkok legal firms.  The reason for this is that there are many reports of foreigners in Thailand who have engaged individual lawyers and have gone on to be VERY disappointed with the service.

While I agree with the course of action in para 2, particularly as you would have a better chance of recovery against a non-Thai, it would be a long drawn out civil legal process, and at the end of the day, said foreigner could just exit Thailand as he has not committed a crime (or been charged for one). It is possible the legal firm could turn this into a criminal act - but how they could prevent him from leaving Thailand is questionable - at best he could be prevented from re-entry with outstanding charges against him.  

 

Whether this is worth the angst involved is your call, as are the darker alternative suggestions that could backfire. In the meantime you could find out exactly what is his current situation, e.g. settled in Thailand with family, starting a new business, or whatever to see if its worth pursuing the debt. 

 

 

[oxo1947]

12 hours ago, ruds said:

8 years ago a foreigner ran off with $400,000 of my money here in Thailand. 8 years later he has resurfaced in Thailand

I tend to agree with most here ruds.....if he has a penchant for running away --then wont he just do it again if he loses the case.

.

I think I would probably spend my money more wisely... ...on say buying him a wheelchair.......

[shaurene]

Hi. By any chance was this guys name Trever Anthill his business was selling property. If so PM me. Ken

[roo860]

There's two guys who apparently legged it to Cambodia, probably looking for a few quid, they have ways of sorting money problems out, stick an advert in the Cambodia
Times.

Sent from my SM-G920F using Thaivisa Connect mobile app

[FredNL]

Just press legal charges against him. 

As long it isn't settled in court, he may not leave Thailand.

[12DrinkMore]

14,000,000 Baht debt?

 

That amount often results in nasty things happening.

[TheFishman1]

Fool me once ok fool me twice shame on me TIT

[malt25]

7 minutes ago, TheFishman1 said:

Fool me once ok fool me twice shame on me TIT

You got that quote almost right, but not quite.

I'm sure the OP gets some satisfaction from your reply.

[Bendi]

Try to find out if the guy have money. If have, make contact with one of the 1% MC Clubs. Show them the papers you have and ask if they will buy the debt. Offer them 50%. If they agree, they will give 400.000. And go and collect 800.000 ore wathever for them self. You will get the 400.000 in adwance. Then at least you get half and the one who scamed you learns a lesson.??

[yogavnture]

u lost that much money and are asking for advise on thai visa forum from strangers. sounds to me like you are too cheap to get legal advise?

[yogavnture]

1 hour ago, FredNL said:

Just press legal charges against him. 

As long it isn't settled in court, he may not leave Thailand.

does that mean the guy wont have to get visa extensions?  press charges against me!!!!!!!!!

[ronaldo0]

If you have solid proof he owes you money personally then I suggest you ask a local well known debt collector type person or whatever you want to call them or the police and offer them 25% of the money .

1st one will probably frog march him to the bank surrounded by a gang and the second could keep his passport until he pays and alert airport staff so he cant try running with a new passport.

[sandemara]

If your friend ends up too severely damaged physically he has no prospect of earning money in the future to repay you for the debt or compensation. The touch needed ought to be hot, sharp but light.  Good luck.

[Destiny1990]

Yes No Maybe

[realenglish1]

Every one is suggesting legal action First check to see if there is a statute about time running out of a claim

 

Credit has 7 years here in Thailand so the same could apply to money owed  Find out what the statues say first Then 

 

Make a plan if there is no statute 

[khunPer]

Check with a lawyer – normally first informative meeting is free of charge – so you know if your loan documents can stand a legal case in Thailand, also since they are from 8-years ago, and what your costs will be to proceed (i.e. throwing more money, after bad money).

 

As foreigner you can open a Court case; for a debt a Thai lawyer will normally ask for half of the money in advance, and when bringing the case to Court the other half plus Court fees; you will often get the Court fees back if you win the case, and also under some other circumstances.

 

We have read both in the news feed and in forum-posts about foreigners in debt in Thailand being held back in Immigration, and not allowed to leave the country before a debt-case has been solved – how that work in real-life I presume a lawyer can inform you; probably you'll need some kind of Court order or police order.

 

$400,000 is in my horizon a lot of money, but if there's no money to take from the debitor, you man gain nothing but expenses...

Wish you good luck...