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Home » Reader question » Reader question: Can I have a bank account seized in Thailand?
Dear readers,
My ex lives in Thailand, and no longer pays alimony that he is obliged to. If I could find out if he has a bank account with funds in Thailand, is there a possibility to have it seized?
After how much time can a passport alert be issued?
Thank you very much for thinking along.
Regards,
Marit
you can make an attachment through the court in Thailand and with the judgment from the Netherlands.
Your response is, with all due respect of course, a bit too short-sighted. A verdict in the Netherlands means absolutely NOTHING in Thailand.
Are you absolutely sure that this is possible. I know of a case where a verdict of both the court and the appeal court here was not carried out, was not accepted by the court in Thailand and not even on appeal. That was about a bank loan that was not paid back.
If you have an attachment in the Netherlands, you must personally inform the person through a bailiff, a bailiff from the Netherlands has no right to do so in Thailand. Then only a notice in the Government Gazette remains possible in the Netherlands that the person must report in connection with this attachment.
2nd; Why couldn't the Dutch tax authorities seize Van Laarhoven's assets and have they left this to the Thai government.
Normally, only serious offenses for which prison sentences are required become lawful in Thailand if requested for extradition. So sentences longer than 9 months in prison, even below that cannot be treated.
I wonder if this will be dealt with and what the verdict is, I say no chance in advance. Only if you have income in the Netherlands or if you have already seized pension accrued in the Netherlands in advance. I did that myself, seized the pension assets of a lawyer, which I also had suspended by the Bar Association and the Disciplinary Court. Of course everything is done by a bailiff.
Van Laarhoven is imprisoned here because he would have earned his money selling weed in the NETHERLANDS. So the Thai judge detains someone on a Dutch verdict (not even pronounced yet, because the Dutch judge wants Van Laarhoven to attend his trial!) and also briefly confiscates his possessions in Thailand.
Subtle difference: van Laarhoven is farang and Marit's ex is a Thai (or a Dutchman?). If it turns out to be a Dutchman that ex then it seems better to seize the source of his income (pension, etc.) in the Netherlands.
So the story is not entirely clear. Unfortunately.
Your story about Van Laarhoven is incorrect. He was NOT 'detained' by a Thai court on a Dutch verdict, but because of money laundering in Thailand. Please stick to the facts.
No, Teun, van Laarhoven was only convicted of money laundering and not of selling weed in the Netherlands. The Thai court found that large amounts had been transferred to Thailand 10 times in 25 years from many countries in the world, and then distributed to family and friends in Thailand without Van Laarhoven being able to provide an explanation about the origin of the money.
A strange trick of the Thai legal system is that money laundering carries a maximum penalty of 4 years, but that was then multiplied by 25 times, 100 years, which means 20 years in practice.
We will not talk about the role of the Dutch public prosecutor, the contact person at the Dutch embassy in Bangkok and the embassy itself. OK, one second. The Dutch authorities and especially the embassy in Bangkok should have known how the Thai legal system works and should therefore NEVER have appealed to the Thai authorities for further assistance and investigation. Very stupid.
Van Laarhoven was not convicted on the basis of NL's verdict, but by a Thai court on the basis of a violation of Thai law: money laundering of money earned with drugs.
Seizing possessions in Thailand of your Dutch ex (I assume that it is a Dutch person) is in principle possible, I think, because a scammer from Apeldoorn had a villa in Hua Hin, and Dutch victims had it seized :
https://www.destentor.nl/apeldoorn/dure-thaise-villa-van-incassofraudeur-u-toch-naar-slachtoffers~a7d934ce/
Are you sure he has no income from NL that you can easily seize?
If not, what I would do is the following: send an email to a lawyer here. Someone who has done something for me (a small thing in terms of documents) is very reasonable in terms of rates. Australian Kelvin with his Thai wife, who is a lawyer. http://www.thai888.com.
(If you end up doing business with her, first find out if she specializes in seizures.)
At the same time you send a message to your ex, stating that you have engaged a lawyer in Thailand, who knows, he might get stuffy and come across the bridge.
If not, ask that lawyer here if they (for example) send a letter. Then he will definitely get a little stuffy.
well,
I think you better take your loss, because only lawyers benefit from his case here in Thailand.
I think the whole judicial system doesn't give a damn if foreigners have to pay alimony.
I think there are far more than a million Thai men who have left their wife and child without paying alimony. They have more important matters to deal with.
Gerrit
Take your loss? This is alimony that must generally be paid until children are at least 18 years old. I think taking your loss is a bit exaggerated to report this. This alimony obligation can take many years. I would advise Marit to contact the National Office for the Collection of Maintenance Contributions (LBIO), a government agency that collects alimony in the event of non-payment. After all, they are able to seize any form of income IN THE NETHERLANDS. I don't know to what extent this is possible in future retirement, but DEFINITELY worth a try.
Taking your ′′ loss ′′ is the very last option I think.......
Children were not mentioned here. I agree that child support should be paid. They are always victims and as a father you are just as responsible as the mother for the well-being of the children, even if they do not live with you.
Something else is the case of partner alimony. I find it unbelievable that the Dutch legal system doesn't care who is to blame in a broken marriage, there is absolutely no check on whether the recipient is looking for work or has work. And on top of that: when the recipient has work, loses it again, the paying ex-partner can absorb it again. It also does not matter whether you enter into a new marriage as a paying partner.
Father State favors the alimony recipient to the utmost degree.
I should know, because all this happened to me and I had to fight for two years to keep enough money to survive here in Thailand.
My ex has also already sent a registered letter from a collection company and I just had to cough up a hefty sum. I immediately threw the letter in the trash! This one was sent here in Thailand.
Dear Marit, when it comes to your children, I would say: you are right to demand alimony. The children are entitled to that.
When it comes to alimony for yourself? Sorry, no, I don't understand. Go to work and take care of yourself. Your husband has done that for years. Women want to be emancipated so badly and don't need us men. But when it comes to money they are just as happy to keep their hands open (both) to receive the extra pennies (sorry, maybe not you, my ex did).
In general, a bank does not provide any cooperation to third parties.
Only in the case of serious crimes is sometimes opened up under great pressure.
Even with a court ruling in the past, the bank refused any cooperation at that time.
This is someone who has debts or evades payment obligations who do not have to worry about someone coming to get their money in Thailand, mean banks or financial institutions. Because they will always call in a bailiff if payments are not forthcoming, but if they have no obligations here…. Or is there still a difference if someone definitively deregisters in the Netherlands yes or no.
There is no body in Thailand that can collect alimony from an unwilling partner, just like in the Netherlands.
In this case, a Thai agency should collect the alimony in Thailand, forward it to the agency in the Netherlands, which then pays it in the Netherlands.
So it is not possible because such a body does not exist in Thailand.
If there is no income from the Netherlands, it will be very difficult.
Try presenting this to the LBIO.
As far as I know, in Thailand every unpaid alimony requires a new court procedure. So 12 times a year a court case.
That is the reason that no Thai pays alimony, although it is on paper in a divorce.
As long as no marriage is registered with the Amphur, no alimony is due. 1 of the reasons that the Thai man does not want to get married.
Thailand is not a party to the 1956 New York Convention that allows for this.
So that's a dead end.
Article 22(d) of the Passport Act does offer a possibility for a passport alert.
Art 22
Refusal or revocation may be made at the request of Our Minister whom it concerns, or the Board of Mayor and Aldermen, the Provincial Executive, the Executive Council or another body authorized for collection of a legal person established under public law, which it concerns, if the reasonable suspicion that a person,
a. who is negligent in fulfilling his obligation to pay taxes or social insurance contributions due in one of the countries of the Kingdom, or
b. who is negligent in fulfilling his obligation to repay any loans, grants or interest-free advances granted to him by the government, or
c. who is negligent in complying with an obligation imposed on him by law or established by a decision of a court in the Kingdom to pay benefits recoverable from him, costs incurred by the government that can be recovered from him, or pre-financed or otherwise provided funds, or
d. who is negligent in complying with a statutory maintenance obligation or a maintenance obligation established by judgment of a court in the Kingdom,
by staying outside the borders of one of the countries of the Kingdom, will avoid the legal possibilities for collection of the amounts due.
===
A specific time frame is not mentioned. To what extent that is a realistic option also seems to me a question for the LBIO.
I am not familiar with the content of the treaties between the Netherlands and Thailand, but I dare say based on personal experience that civil claims and judgments outside the EU can generally be thrown into the trash. That can be both useful and annoying. Criminal law is of course a different matter.
Good luck Marit.
Failing to pay alimony is a punishable offence, as is changing your lifestyle in such a way that alimony can no longer be paid. Du7s can be seized via the court on any property present here (house, car, etc.). It also seems possible to me to get the man spotted at customs when he comes to the Netherlands. There is also a moment when the man has to renew his passport, perhaps there is room there. I would contact a good lawyer.
A clear explanation
https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/brochures/2011/01/03/internationale-alimentatie/brochure-internationale-alimentatie.pdf
VERY clear already after 1 paragraph: Thailand is NOT a member of the New York treaty………
Thailand and surrounding countries are therefore not in the list ……, but to my surprise Pakistan is, however a somewhat misogynistic country ….