Farang do have rights!

[barrys]

To instil a bit of confidence in those that feel the deck is permanently stacked against us farang and that the authorities here are only out to screw us and defend their own, I would like to recount the following salutary experience concerning a friend of mine:

At the beginning of December 2009, a farang friend of mine was ordered by his Thai gf to move out of her house (it is her house, by the way, paid for with money inherited from her previous, deceased, farang husband in Europe).

So he moved out as requested.

The problem arose when he went back to collect his belongings. She simply refused to release them, saying he owed her back rent for god knows how long, though they had been living together in a marital-type relationship for 8 years - the last 3 of them in Thailand - and there had never been any mention of a tenancy scenario.

I then accompanied him to the police station at Paknampran to lodge a complaint.
Three police officers immediately went with us to the ex's house to clarify the matter.
She first said she'd never seen him before. After various other equally unsubtle lies, she finally said he could have all his belongings back if he gave her 300,000 baht!!
The police, after trying to make her see reason, eventually said that, as it was domestic, there was nothing more they could do and that my friend should consult a lawyer.

So we went to see a young lady lawyer in Paknampran and she agreed to take the case.
She asked for a fee of THB 15,000, no matter how long it took and irrespective of the number of legal instances and court appearances required.
My friend drew up a list and valuation of all his belongings (fortunately he had kept some receipts in his own name) and the total value of the items was around THB 400,000. We then translated the list into Thai and went back to the lawyer.

She told him she thought he would get his belongings back within a month - in my experience of Thai law, I found this extremely over-optimistic and was very sceptical.

We (including the lawyer) then had to spend a full day at the police station again to officially lodge the complaint and draw up all the associated documentation and make statements, etc.

Apparently, because we had lodged the action within 3 months of the event, retention of his belongings was still subject to criminal law and, as long as he could prove or she concede his ownership, she would be guilty of theft if she did not return them.
On expiry of this 3-month period, everything would then come under Thai civil law.

So we sat back for the long wait, as I thought.

But, surprise, surprise:
only 4 days later I got a call from the laywer to tell my friend to get a removal truck organised and that he could collect all his belongings within a few days.

So we set off a couple of days later with one 6-wheel truck, 3 pick-ups and a gang of helpers, plus the lawyer.

After everything had been moved, the lawyer accompanied us back to the police station to sign the completion forms confirming that he was now in possession of all his belongings.

The lawyer and police in Paknampran could not have been more helpful.
The lawyer's fee was more than reasonable, in my opinion, and the police never asked for one baht at any stage in the proceedings.
I cannot commend them all highly enough.
Everybody treated us with the greatest politeness and respect.

So I suppose the moral of the story is:
don't be frightened off by the doom-and-gloom scaremongers trying to convince you that you have no chance of exerting any rights here against Thais.

And keeping receipts in your own name when you purchase valuable items is an extremely sensible thing to do!

[MrPlum]

Thanks, Barry. I know which lawyer to call if I'm in a jam!

[kendo]

Barry that is great info, maybe you should get that law company to work with you settling disputes as i know you are a translator many languages, and sponsor HHAD as a service to farangs.

I have never met you but, i am married to your ex business partners cousin for the last four years chok dee.
Kendo.

PS next time i am in town i would love a trip out on the Peacock as anything to do with water is my thing, sea air beer fishing great, i have owned my late farthers yacht and crewed professionaly on verious boats from Cowes week to Red Letter days.

[Green Nomad]

Good post Barry,

Normally a long post puts me off reading on, good to know that we are not totally ignored or looked down upon. I was beginning to lose faith in a country we all have a passion for, in one way or another.

[Bamboo Grove]

Good one, Barry. Can you pm me the details of this lawyer, please.

[barrys]

Kendo wrote: "maybe you should get that law company to work with you settling disputes ... and sponsor HHAD as a service to farangs."

Hmm, I did toy with the idea a while back, Kendo, but it would probably end up being too much hassle and I really don't have the time anyway.

Still, I don't mind helping anyone out on an informal basis.

Give me a call when you're around, and we can meet up for a beer and organise a boat trip for you - any friend of Stuart's and all that ....

Hi Bamboo Grove
I'm sending you the details by PM.
Hope everything's going well in Finland!