LITIGATION UNPAID DEBTS:
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 a 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.
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..
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