Fight for your right:

[Lite Beer]

Fight for your right
Phuket Gazette -

Broken marriage? Don’t give in to depression – recover what’s left of your money and pride. Photo: Skley

PHUKET: Not long ago, a close associate phoned to get a heavy burden off his chest. His parents in the UK were in need of help in moving to another state, but no other family members would help. “John” as we'll call him, complained to me that he really wanted to go back but that his Thai wife had spent everything he ever had so he couldn’t afford to travel.

It’s a very common scenario – foreigner comes to Thailand with money, falls in love/lust, stays, loses money, then either grins and bears it, becomes horribly miserable, commits suicide or somehow makes his way back home with bitter story to tell all who will listen.

After his money is gone, the foreigner is rightfully angry and worried, but to date has historically been of the mind that if it’s over, then it’s over, and nothing can be done. He thinks no money can be recovered, stolen property is lost forever, and there is absolutely no place to begin to set things right.

There are generally two types of personalities that find themselves dealing with this situation. The first is a passive, sometimes defeatist one that won’t even try to do what it takes to recover what he is entitled to. He feels that it can’t be done so trying would be useless.

The second type of personality is the one that decides to take action, come what may, to see how to make the best out of a bad situation. It is very easy to be defeatist because of what happened was bad enough, but add on top of that being a foreigner in a seemingly unfriendly or unsympathetic environment... you have prime ingredients for failure, even before success is considered.

Not everything in these situations need be lost forever – in many cases. While some things like documented evidence of fund transfers may not be easy to locate, or you never got a receipt from your wife for the money you gave her, or you can’t even think about getting anything back because you have no place to live… don’t give up.

Although most people, including Thais close at hand, may agree that nothing can be done, saying so doesn’t make it so. Reward comes to those who seek it, and if you don’t try then nothing will come to pass. If you have been ripped off by your (ex) Thai wife and want to get satisfaction, any money back, possession of at least some stolen property, the time to begin is now. Here’s one tact to follow – with the caveat that this is not nor should it be considered legal advice:

1. Despite depression and possible other hardships, sit down and put together what you had, what she has, and where she got it – according to you.

2. Write down a brief but detailed account of your story – when and how you met your wife, the various dates and amounts of money transferred to Thailand from where, and dates your wife bought which items with the money you provided; marriage date and place; date major items, like car or house that was “bought” by her, and just how you provided the money for it.

3. In cases where the wife is an inveterate gambler and the big money has been lost through gambling, you are obviously not going to get any back. But you may be able to sue in civil court to recoup some property and whatever money may still be around or coming in as personal income.

4. To get organized on the road to meaningful action, it’s best to talk with an attorney about your situation and show him whatever kind of evidence – record of events and documents, like bank transfer receipts that you have showing when, how and where you provided the money. You will probably be able to get some free legal advice up front as a lawyer who handles these cases will want you as a paying client and may be willing to try to solicit your interest by providing minimum guidance.

5. Because using someone else’s money for wrongful reasons may also be a breach of the law, the aggrieved party may also consider filing a criminal complaint, first with the police, and then using a copy of that, with other documents and statements, working with a lawyer, to file a case with the public prosecutor’s office.

6. In filing a formal civil case, several legal statutes are possibly applicable to the case of a foreigner faced with a common rip-off by a Thai wife (or even girlfriend). The client and lawyer should discuss which, but possible statutes including some of those in the contacts and family law sections of the Civil and Commercial Code. Property of Husband and Wife is covered under Statutes 1465-1493.

In the Civil and Commercial Code, other sections may or may not apply. Chapter 1 under Title 6, Ownership-Acquisition of Ownership, beginning with statute number 1308, is instructive. Lawyers won’t always identify which statutes apply for various reasons. Thais usually want to “get it over with” and don’t like multiple filings.

The above is provided only for information and to illustrate that while you may be having hard times, and are rightfully depressed, doing something about it is possible, and frankly, can be another way of tiger-balming a sensitive wound. To what extent you will be successful depends on your individual case and the circumstances. In my experience, Thais have proven highly inventive in being unable to be found if hiding from someone trying to collect money from them.

As well, police, when criminal charges are filed, are far from helpful in working with you to pursue locating the defendant. You will have to do a lot of the footwork yourself, go to various government agencies to obtain documents or complete filings. It takes a great deal of time, and results are seldom immediate.

For foreigners who have not yet run into the unfortunate circumstances described in this article but are certainly not immune from them, take heed and keep records.

Source: http://www.phuketgazette.net/phuketlifestyle/2014/Fight-for-your-right-23228.html

-- Phuket Gazette 2014-01-12

[Badbanker]

Finally a voice of reason!

You can sue these bitches and get you money back.

The ones I have seen sued, are beyond themselves when they have to give the house and car and everything else back that they took!

[keestha]

But Badbanker, did you see this happen many times, and how much time did it take? If you can find the time, it would be appreciated if you could give some case histories.

[KimoMax]

The Legal Fees trying to get anything back is Not Worth It. And it can take a long time.

Do Not buy or spend money in Thailand that you are not prepared to forefit.

Be smart and not a Buffalo.

Edited January 12, 2014 by KimoMax

[tolsti]

Ummm .... Are you sure about the veracity of this post..... We don't have states in the UK!

Sent from my iPad using Thaivisa Connect Thailand

[Costas2008]

tolsti, on 12 Jan 2014 - 12:09, said:

Ummm .... Are you sure about the veracity of this post..... We don't have states in the UK! Sent from my iPad using Thaivisa Connect Thailand

Yes you have......Scotland, Wales, Nothern Ireland,......Peckham.....or are they Independent countries now?

[Felt 35]

First in Phuket news, then gazette and now here......cant be much happening on this island..........

[tolsti]

Peckham is an separate country. But only when Dell and Rodney are at home. Wales and Scotland are not States, they are countries in their own right and with devolution are or will become self governing. The term "states" in regards to the UK does not apply. It is purely an invention by our transatlantic cousins which, in turn, makes me consider the veracity of this OPs post as somewhat suspect.

Sent from my iPad using Thaivisa Connect Thailand

[phuketjock]

Peckham is an separate country. But only when Dell and Rodney are at home. Wales and Scotland are not States, they are countries in their own right and with devolution are or will become self governing. The term "states" in regards to the UK does not apply. It is purely an invention by our transatlantic cousins which, in turn, makes me consider the veracity of this OPs post as somewhat suspect. Sent from my iPad using Thaivisa Connect Thailand

Have to agree tolsti, it smacks of some American owned law business touting for

customers, and of course the Gazette is run by an American so perhaps a connection

there??

[Suradit69]

Probably better to engage your brain before all this happens than to depend on lawyers and a court to save you from yourself. If that's too difficult, maybe you could get a court-appointed conservator to manage your affairs before travelling to Thailand. Just explain that you are incompetent and need protection.

His parents in the UK were in need of help in moving to another state ...

Going from a state of confusion to a state of utter despair? Sounds like the person cited in the example has a really "special" family.

[MaiChai]

The Legal Fees trying to get anything back is Not Worth It. And it can take a long time.

Do Not buy or spend money in Thailand that you are not prepared to forefit.

Be smart and not a Buffalo.

I agree. From personal experience i have fought several court cases in Thailand. The legal system is a money pit and it can take a long time. Its not worth pursuing unless you are sure you can alot back, and it will cover the costs.

[Sam Gold]

"Because using someone else’s money for wrongful reasons may also be a breach of the law, the aggrieved party may also consider filing a criminal complaint"

So how would that sound like: "We used my money to buy a new Vigo which is now driven by her folks at the village, I demand compensation?"

You're suggesting people make fools of themselves.

Complete and utter rubbish. Your girlfriend screwed you? Live and learn, move on but don't start whingeing.

[little mary sunshine]

If you have signed all your money and assets over to some bar whore with a 3rd grade

education.....that just makes you STUPID.....trying to recover assets you have legally

transfered to someone is another STUPID stunt....Go drink yourself into a stuper....it's

usually the drunks that get thrown out by the wives, The "good guys" are in a relationship

for years with wives they respect and respect them.

[Costas2008]

excrement

Baerboxer, on 12 Jan 2014 - 17:29, said:

Costas2008, on 12 Jan 2014 - 12:23, said:

tolsti, on 12 Jan 2014 - 12:09, said:tolsti, on 12 Jan 2014 - 12:09, said:

Ummm .... Are you sure about the veracity of this post..... We don't have states in the UK! Sent from my iPad using Thaivisa Connect Thailand

Yes you have......Scotland, Wales, Nothern Ireland,......Peckham.....or are they Independent countries now?

Coming from a member of the bankrupt nation living on EU handouts!

Why post if you have nothing intelligent to say? One thing, they all have more productivity than Greece, that's for sure

The same applies for you, mate, it seems that excrement only comes out of your mouth.

Anonymity on a public forum is very convenient for little cowards like you.

Feel sorry for the country that breeds idiots like you.

[lostmebike]

His parents in the UK were in need of help in moving to another state

Are they in fact in the US and not the UK??

[lostmebike]

Probably better to engage your brain before all this happens than to depend on lawyers and a court to save you from yourself. If that's too difficult, maybe you could get a court-appointed conservator to manage your affairs before travelling to Thailand. Just explain that you are incompetent and need protection.

His parents in the UK were in need of help in moving to another state ...

Going from a state of confusion to a state of utter despair? Sounds like the person cited in the example has a really "special" family.

Such sound, solid advice from one so knowledgeable.

[lostmebike]

tolsti, on 12 Jan 2014 - 12:09, said:

Ummm .... Are you sure about the veracity of this post..... We don't have states in the UK! Sent from my iPad using Thaivisa Connect Thailand

Yes you have......Scotland, Wales, Nothern Ireland,......Peckham.....or are they Independent countries now?

Peckham is not a state but rather in a state, a right old state!

[DGIE]

so be careful when in-loved with a Thai woman.

[CraigSchuler]

If you find yourself in this situation.....You have only yourself to blame......Once an idiot, always an idiot!

[wolfmanjack]

The Legal Fees trying to get anything back is Not Worth It. And it can take a long time.

Do Not buy or spend money in Thailand that you are not prepared to forefit.

Be smart and not a Buffalo.

I agree. From personal experience i have fought several court cases in Thailand. The legal system is a money pit and it can take a long time. Its not worth pursuing unless you are sure you can alot back, and it will cover the costs.

The lawyer I contacted wants 5% of whatever is recovered. If nothing recovered then no legal fees. Not a bad deal as far as I am concerned.

[Ghostnigel]

tolsti, on 12 Jan 2014 - 12:09, said:

Ummm .... Are you sure about the veracity of this post..... We don't have states in the UK! Sent from my iPad using Thaivisa Connect Thailand

Yes you have......Scotland, Wales, Nothern Ireland,......Peckham.....or are they Independent countries now?

Coming from a member of the bankrupt nation living on EU handouts!

Why post if you have nothing intelligent to say? One thing, they all have more productivity than Greece, that's for sure

Leave him alone, he was only bringing some humour to a 'bum' story, you didn't bring much to the table yourself, i thought it was quite funny.... Got any more Costas?

But your remark about 'bankrupt nation' was waaaay over the top, rather vicious really.

[Puccini]

Ummm .... Are you sure about the veracity of this post..... We don't have states in the UK! Sent from my iPad using Thaivisa Connect Thailand

That's the first thing I thought, too.

PHUKET: Not long ago, a close associate phoned to get a heavy burden off his chest. His parents in the UK were in need of help in moving to another state, but no other family members would help. “John” as we'll call him, complained to me that he really wanted to go back but that his Thai wife had spent everything he ever had so he couldn’t afford to travel.

Journalism at its worst.

a close associate phoned

Phoned whom? Presumably the author of this newspaper article. Phoned from where, from what country?

His parents in the UK were in need of help in moving to another state

I figured the "close associate" meant "moving to another country". In Europe, "state" is often used as a synonym for "country" or "nation"

“John” as we'll call him, complained to me that he really wanted to go back

Who is this John? Is it the "close associate" who phoned, or is it the male part of his parents in the UK, ie his father?

Go back from where to where? A reference about a person going back is meaningless when there is no previous statement indicating where this person was before he got to being where he is now.

[mtimmu]

it happens...

[Costas2008]

To "Baerboxer"

Re your comment: "Coming from a member of the bankrupt nation living on EU handouts!"

After my beauty sleep I feel more relaxed now to answer your comment.

Greece, never got any hand-outs neither from EU or any other country.

We got loans, with a high interest attached that my children, and my grandchildren will be paying off for a long time to come.

Your country also (presume is the UK) get the same loans on a lower interest.

As about Greece being bankrupt, I think you are very wrong.

If we ever go bankrupt that will have a huge negative effect in all the EU countries.

And that is the reason we are given the loans and not from the kindness of their heart.

Being a country with much less natural and industrial resources than yours were severely affected by the international financial turmoil that started from the USA and leading EU countries.

But we are still fighting back and hopefully we will see better days soon.

Edited January 13, 2014 by Costas2008

[chrisinth]

Ummm .... Are you sure about the veracity of this post..... We don't have states in the UK! Sent from my iPad using Thaivisa Connect Thailand

An American friend asked me what state Belfast was in. I had to answer him truthfully, it was in a terrible state, but not as bad as Glasgow.