[Uplillacype]

Contact Lawyers Council (ÊÀÒ·¹Ò¤ÇÒÁ)
legalaid@lawyerscouncil.or.th
0-2629-1430 µèÍ 111, 112, 113, 148
hotline 1167

http://www.lawyerscouncil.or.th/ProjectLaw/help.php

[PVaQlNaP]

I think they are just threatening her. Although not familiar with Thai Law I have asked every Thai I know and they never heard about going to jail for debts, as long as you didn't falsify the application.

That said she could try and seek legal advice. You will find many university law students assisting in simple matters pro bono, why don't you just contact a university with a law faculty?

[NutChusty]

Let this be a lesson to every one, don't go guarantor for any one, if some one can't get a lone on there own, than there a high risk, If there a high risk they don't deserve a lone.
Next point what's in it for you if you go guarantor, will you receive the profits, your the one taking the risk, not the borrower, the answer is usually you get nothing, so why do it.
This situation where the guarantor pays the dept is usually the majority, so only go guarantor if you know what the odds are, it's about 75% chance you will be paying for it and you are prepared to lose for the satisfaction of losing your money.
Lending money to financially irresponsible people is the quickest way of loosing a friend.

[KitRittyTug]

HI

I hate to be so negative. but how long have you know your girlfriend ?
Are you sure this is a valid claim or just a way to get money from you.

Have her send you copys of all the papers she has received.
If she co signed she needs to pay. but most banks and lending companys should be much more workable.

[BoarmomorurrY]

HI

I hate to be so negative. but how long have you know your girlfriend ?
Are you sure this is a valid claim or just a way to get money from you.

Hi Khonrai,

Yes, i have actually thought about that as well. Thanks for watching out for me. I was able to get her to text my mobile the address and contact number of the company. So it doesn't seem to be a hoax.

Hi Mel,

Thanks for the link for legal aid. I have sent them an email.

[GeorgeEckland]

Don't no much about Thai law but from my financial advisor days,

Firstly nothing can be done over the phone. They need to send your girlfriend paperwork. First they need to prove she acted as guarantor so a copy of the contract with the person who defaulted with her signature. This is for your solicitor to scrutinse to see if it is valid, these things often have limited liabilty, expiry date, your friend has extended the loan (time/money) or other untoward circumstances which could void your GF's signature, if they cannot produce a valid the agreement you owe nothing, the burden of proof is on them.

Do not take their word over the phone on anything, you do not know the monthly payments your GF agreed to make in event of default, what the defaulter had left to pay or what measures they have taken to locate the defaulter. You also need a full repayment history, including what's owed and default costs, demand everything in writing.

In most countries the people contacting you will either be the debt collecting department or a private debt collecting company, and they're out to frighten you. Their conduct you described in the UK would be illegal and you should go straight to the police. The police can't declare you bankrupt, that's what a bankrupcy court does and they generally don't force it upon individuals and certainly not for such a small sum. Any proceding against you are not legal, they are civil, the police can't intervene.

You want to avoid going to court because of the costs. When you have a the full bill that you are unable to pay, make an offer to pay a small percentage and they write the rest off. Make it clear to them you cannot afford it, if they go to court they will not only not get the money but lose costs as well.

Finally you need to find a legal aid centre, these are usually privately run to provide free legal advice to the poor. Get you GF to ask around or post on Thai forums, there used to be one at Chula.

[BoarmomorurrY]

Hi Everyone,

I'm new to this forum and would like to seek some advice and opinions on a situation i have come across.

My girlfriend who is a Thai, received a lawyers letter asking for payment of 30,000 baht to a licensed money lending company in Bangkok. Her childhood friend borrowed the money and asked her to be a guarantor in which she agreed.

Unfortunately, her friend has 'disappeared' and she is unable to contact him/her. Because of this, the company went after her instead, reason being that she is the guarantor. She thought she could trust a childhood friend of over 10+ years, but i guess she was wrong.

She told me that they company told her if she cannot pay up, they will bring in the Thai police and will jail her and declare her bankrupt. (possible 6month to 2year sentence) She has spoken to them requesting for installment payments and they told her 15,000 Baht this month and another 15,000 Baht next month. Problem is that we do not have sufficient amount to pay for this current month ! She can only make the 15,000 Baht payment next month.

I would like to ask you guys for your opinions on this matter. I personally feel that to jail her just because she cant pay is very harsh penalty. Can they really do that in Thailand? I mean, its not as if she killed somebody or cheat or steal.

Furthermore she isn't the principal borrower also. Instead of jailing her and getting no money back at all, wouldn't it be better if the company work out an installment arrangement and get some money back?

I would really appreciate any help and suggestions on this matter. Any experiences you all can share as well? Or can she seek help from the provincial town hall? I would really prefer not to see her jailed. :-(

Thank you.

[BoarmomorurrY]

Hi,

Thanks for the feedback. It is greatly appreciated. I went to visit the Thai Embassy in my country and tried to seek advice as well. I was attended by a local Singaporean (to my surprise, i expected a Thai)

He told me that in Thailand, they can jail you over money borrowing matters. Reason being that since you signed, you are liable. He also mentioned he had a friend who went to jail for 6 months due to being a guarantor as well, where the borrower defaulted.

However, i was not entirely convinced by what he said, to be honest. He was not very detailed as well, and didn't mentioned anything about paperwork, legal vs civil proceedings etc. Only mentioned to me that probably might be best to seek negotiation over repayment.

I am more inclined to think that way as well. If they jailed her, the company gets nothing as well in terms of monetary value. It seems to be slight scare tactics but what astonishes me is that my girlfriend says and believes that in Thailand, you can be jailed for these matters and so did that guy from the Embassy. If this is indeed true, wow.....

Well, i'll speak with her and hopefully she can seek some legal aid centre or get more help. I do think they are using jail to scare her to pay back asap.

Thank you. Welcoming more feedback/input as well ~

[GeorgeEckland]

Your correct never guarantor for someone. If you really need to help them though, maybe a family member or whatever.

If they want a lone they probably have bad credit so get overinflated sub prime interest repayments. If they default they will then incur huge charges and you will be stuck with both the charges and a horrible interest rate loan to pay.

A better strategy is you take out the loan at prime rate and then loan it to them, if they default to you, you end up with a prime rate loan and no extra charges.