LITIGATION PROCEEDINGS & FILING FOR
UNPAID DEBTS AND MONIES:
Many foreigners come to
Thailand and decide to lend money to either Thais or foreigners. Money is easy
to give out but very hard to get back. In such cases you need to find out what
the individual you are lending has in collateral and work the same as a bank
does --- how will he/she ever pay the money back and have a contract. Without
this the process of recouping your money may take a lot of time and more expense
so the best idea is to say no. If you are lending on your own accord have the
following:
1/. Contract with the
borrower
2/. Copy of ID and House
registration signed
3/. 2 witnesses sign.
4/. Collateral assets held in
escrow with power of attorney
Basically the best process is
simple. You can visit OUR law office who will draw up a contract and if the
borrower has a vehicle, house, land etc then the papers can be kept by the
law office in escrow until the loan is paid back. We often get foreigners who
have lent money to others and then find they never can get back as they simply
work on trust. In fact 90% of the time. wE CAN ALSO SEND TO YOU ONLINE.
Please remember when asking
for advice it is not the law office that took your money but there are ways to
get the money back and we can help you but please send to us all the information
between parties so we can analyse your case. In the case of a motor vehicle if
no contract and you put the vehicle under someone elses name then there is no
redress. Think about it before you lend as we say again "easy to give hard
to put back".
Litigation can be a long
process in Thailand so be prepared for undue delays and court appearances. This
can be laborious to say the least but remember you lent the money in the first
place so expect to wait as law firms cannot and will not create miracles
overnight. Once you get a judgement from the court you then need to have this
enforced and if the borrower has no money what can one do??? very little.
Costs: these can start at a
basic cost of 30,000 baht to a percentage of the monies to recoup so once again
remember if you lend money it may take time and expense and in some cases years.
Inevitably when someone especially a foreigner loses money to another person and
they seek legal help they tend to blame the law office. It is not us who
initiated the judicial system in Thailand and it is important you know the Thai
judicial system is not like your country for instance. However think what your
charges would be in say London or the USA just on an hourly basis and why did
you lend the money in the first place if thats the case.
Everywhere in the world if
you do things properly then there is no reason why financial deals cannot be
conducted properly with all parties happy. Remember too in your own country you
use a conveyancy law office to transact your property sale not your girlfriend
and would you lend the same way in your country. Think about it.
We are here to help those who
we feel have a case of recompense but if you do not have substantial proof of
your lending it may be hard to recoup so best idea if you are not sure of
getting your money back then do not lend --its that simple..
LITIGATION SERVICE we conduct Legal proceedings, pleading and litigation services of all kinds in Courts throughout Thailand, including execution of the Court's judgments or orders that the Courts will set.
These services include the following areas
Civil Cases: General civil and commercial cases such as: sales and purchases; hire purchases; guarantees; mortgages; pledges; corporations; bills; torts; families; estates; petitions for administration of estates; evictions; and other types of real estate cases.
Criminal Cases: Cases that can involve offences under the Thailand Penal Code and any laws imposing criminal punishments such as: offences under the Act Governing Offenses Arising from the Use of Checks; fraud; trademark forgery and imitation; embezzlement; document forgery; assault; and other offenses.
Othe Legal Cases: Cases that relate to specific laws such as: labor; bankruptcy; participation of obligations in bankruptcy proceedings; land expropriation; insurance; taxation; quarantine; intellectual property;and others. |