Need legal advice on how to collect debt

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ngocha
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Need legal advice on how to collect debt

Post by ngocha »

Dear friends, we are facing a headache problem of getting debt from our partner company in Huahin. They own us a big amount of money for about 2 years. We have requested them to pay many times but they did not. We have brought them to Huahin court and they and us have signed on agreement that they make partial payment every month from February 2016 until February 2017 that all the money must be completed. However, upto now, they only paid us one month and don't pay any further.
On the agreement letter, it says that if our partner does not pay any single month as agree we have right to seize their company's property and the company owner's property to sell through aution. Unluckily, we are not able to find any of their property. Probably they have hired all their properties. Their company office is hired, not their property.
The course only help to seize their property only when we found it ourselves and inform to them.
They know that we are not able to do anything with them and they dont pay.

I would like to have your advice what we can do now to put more presssure on them to pay or is it possible to take them to court again in an criminal case for their illegal appropriation of our money? or what legal process we can take next?

Thank you in advance and I look forward to receiving your advice.
Best regards,
Ngocha
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buksida
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Re: Need legal advice on how to collect debt

Post by buksida »

A decent lawyer is probably your best bet, try here: http://www.huahinmedia.com/chavalitfinch.php

Welcome to the forum btw.
Who is the happier man, he who has braved the storm of life and lived or he who has stayed securely on shore and merely existed? - Hunter S Thompson
ngocha
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Re: Need legal advice on how to collect debt

Post by ngocha »

Thanks buksida for the reply.
If you have any advice and solution on our above matter, can you please tell me and post it here so other people who have the same problem can have a reference.
Best regards,
ngocha
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kendo
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Re: Need legal advice on how to collect debt

Post by kendo »

You have done everything right through the legal system. I would suggest that no two legal actions would ever be the same so really would be difficult to use as a point of reference.
A good lawyer to get judgement is one thing but to uphold and enforcement of a court order is well very difficult in Thailand. High ranking officials prosecutor's can make it happen but that will be another business arrangement.
Is Bangkok a place or a nasty injury.......Eric Morcombe.


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ngocha
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Re: Need legal advice on how to collect debt

Post by ngocha »

Thank you kendo for your information. Can you explain more how the high ranking official prosecutor can make it happen? What will he do to make it happen? I need to know the procedures. Of course, I myself cannot do it. We will need a layer. But we dont want to get stuck again even when we already have the court order in hand.
I really need your instructions. If anyone have any advice, please let me know. I dont stay in Thailand and I dont know Thai law.
Thank you. Ngocha
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caller
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Re: Need legal advice on how to collect debt

Post by caller »

I would suggest you take the advice given and hire a lawyer. Once they are fully briefed of the facts of this case, they can advise you of your options and suggest an appropriate course of action. With the best will in the World, a bunch of expats, whatever their own personal dealings with the law, do not have the legal expertise needed to help, even if the full circumstances were explained and I wouldn't advise doing that on an open board.
Talk is cheap
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