Dear readers,

Did I fall for it? A good acquaintance of mine has borrowed money in the black circuit. She paid 400.000 baht every day for a loan of 12.800 Thai baht. I saw the lender come by every day and asked her the question, why? I got the answer mentioned above. You're crazy was my response. That is an interest rate on an annual basis above 1000%. Then help me, was the answer.

After a few weeks I went down on my knees. On the condition that she would use everything at once to pay off the loan. So happened. I have a good contract (I think) in Thai and English. You already understand, the repayments / installment payments are not coming. What to do?

She has two houses and 34 rai of land, sufficient collateral. Do I have to go to a lawyer now, and if so what will it cost me?

Works on commission, commission seems to me the best, no money no remuneration.

Please comment.

Yours faithfully,

Will

35 responses to “Reader question: Lending money to a Thai, did I fall for it?”

  1. ruud says up

    I don't understand why you would want to help someone with two houses and 34 rai of land financially.
    With that property she can take out a loan from the bank.
    She could have done that right away, instead of going to a loanshark.

    Once a contract has been drawn up, it will have to go through the courts, unless a letter from a lawyer announcing a trial can persuade her to pay.
    There is nothing sensible to say about the costs, that depends on how much she protests.

    Another option would be to sell the contract to the loanshark (or say you will), who will make sure he gets his money.
    Then you will see some of your money back, although less than you lent out.
    I'm not sure how legal this is though.

    It is probably best to present the whole story to a lawyer.
    He knows Thai law and can give better advice on possible next steps.
    Also in your possible agreement with the loanshark.

  2. erik says up

    Go to a lawyer and don't play the thrifty piet of 'no cure no pay'. You lent money yourself and that lawyer will not cost you now.

    If you have a good contract, as you say yourself, it states what happens in the event of non-payment. You cannot take out a mortgage on her real estate, but a Thai partner can if you have one. My advice: go after it and if it doesn't work, you've learned something.

  3. Jos says up

    Hi Will,

    It's hard to tell if you fell for it (as your question suggests) because we don't know what exactly is in your agreement. Was the contract drawn up by a lawyer? Witnesses present at the drawing up of the contract? (very important in Thailand)
    Even if you hire a lawyer, you have no guarantee at all that you will see any of the money back. The lawyer will of course claim that it is because he also wants to earn something from you, and preferably as much as possible.
    You had better first asked for the necessary information on this forum before proceeding to lend money.
    Lending money is a professional profession and should be left to banks, who have the know-how and experience.

    But hopefully you will see some of the money back someday.

    Succes

  4. Jay says up

    Short answer… Yes. The chance of getting anything back is nil. If someone with 2 houses and a lot of land in the bank can't get money, something is already wrong. Lawyers are expensive and often cooperate with the local mafia or get a visit from the loanshark and dare not do anything.
    Precious lesson but leave it for what it is and walk away ... also from the girl ...

  5. RuudRdm says up

    I don't understand why such a question is still being asked! Of course you fell for it. How can anyone get involved in loanshark activities when they know that interest payments in excess of 1000% are being paid? A loan of 400 K ThB against a property of 34 rai of land and 2 pieces of real estate. Why help? With what then? And why did you have to bend your knees? Would have helped to restructure the debt by listing her income and expenses instead of donating money herself!

  6. fast jap says up

    no money, no compensation! I like how you put it. if only it were that easy! then I would totally agree with you. unfortunately it is a bit more complicated to get your money back. If she indeed owns two houses (if…), then you have to hope that she has money in stock because you can't pluck from a bald chicken. And on commission you will not be able to hire a lawyer so quickly, precisely for that reason, the chance that you will see the money back is not that great. Its a shame, but there is nothing to do about it! consider it a lesson, a very expensive one unfortunately. Perhaps a sign that you need to invest more in your true friends and family who have always been there for you, rather than just a passerby. unfortunately typical for many Dutch people, they don't appreciate their friends.

  7. He says up

    If she has sufficient collateral, she could also have obtained a loan from the bank at a decent interest rate.
    I don't know how much interest you're asking, but under certain circumstances you can put that at 3 percent per month. I would be the first to send her a letter saying that because she is not fulfilling the contract, you will also change the rules and raise the interest to 3 percent per month. Hopefully that scares her.
    A lawyer often asks a percentage of the amount to be collected, but if the contract is well put together and clearly in your favor, you should be done with 2/3 muun. Just shop around because they don't have fixed rates.
    I have sometimes helped people, neighbors and family in the same way, but luckily it was always paid back on time. It sucks when you help people and this is their thanks.
    Succes

    • evert says up

      Dear Hans,
      If she has properties and land on special papers, no bank will provide a loan because it is not possible for the bank to sell it. The person who owns it may only live on it and renovate it, but not by selling or anything like that.
      I do not mean to make a statement about acting to get that money back.
      fri. Evert

  8. steven says up

    She had already borrowed money from a loan shark, most likely everything is still in the name of that loan shark (because they don't lend anything without collateral).

    If that is indeed the case: no chance of getting anything back.

  9. Nico says up

    Well,

    It is really Thai, within my family they also regularly ask for money, with tears on their cheeks, at first I helped, albeit small amounts up to 20,000 Baht, All kinds of arguments passed, the bank took the car back, market will renovate, school fees, etc.

    But till date, I have never seen one Bhat again. So I stopped it. just saying you don't have it works perfectly. The tears suddenly stop. What does work is if they have to work for it, give them a "generous" salary of 500 Baht per day, they will do everything for you for the first few days, then it gets less and then only a few hours a day and then just an hour and a half for 500 Baht.

    So I don't lend anymore, but I do buy, if there are offers, "things" for the family.

    In your case I fear the worst, the government bank is the appropriate bank to provide her with a loan against the collateral and then she can pay you back, but yes a Thai, he only does such a thing under strong pressure (heavy guys) as with a loan shark. Maybe you can sell your loan to that lender for 50%, you still have 200.000 back.

    Wise lesson for everyone in Thailand.

    Greetings Nico

    • Kampen butcher shop says up

      Between themselves, it strikes me, they do pay back. I mean: if brother or sister does not repay brother like that, there will be a lot of noise. Apparently people automatically assume that a farang can miss it. Likewise in the case above. As many say, she would never have taken out a loan on such terms if she were still creditworthy with regular banks. This requires little thinking. Me and my wife they don't even ask if they can borrow it. comfort you. My in-laws have gobbled up quite a bit more than your 15 baht over the last 400.000 years.
      And they take those donations almost for granted, even a right. Have actually never read a really relevant analysis of what your obligations are to a poor in-laws. I mean: what does the culture actually prescribe? Donations or do they just have to pay everything back? I think donations are only obvious for parents who can no longer work. But the rest? It goes well for a few years and then they come back asking for help.
      And those 400.000? If that's all you lost in Thailand, you're lucky. Success with it.

      • He says up

        I've mentioned it before but I've gotten back every penny I've lent so far, and on time. I have lent money to family and neighbors about 7/8 times, ranging from 10.000 to 200.000 baht. Never a problem. With the last payment often a present, for example in the form of a box with bottles of beer.

        As for your second comment about culture, the following. According to Buddhism, if you do good you will receive merits that will ensure that you are richer, healthier or happier in the next life. According to this tradition, you should be grateful to your poor in-laws for helping them, for through this you can gain merit. They enable you to do that.

      • chris says up

        This is not the case in my in-laws. No one pays my wife back and she's fine with that. The rich in the family help the poor and family in trouble. If those problems are not caused by gambling, drug addiction and alcohol abuse. Then we won't help anyone.

      • steven says up

        Not correct, there are also many mutual loans that are not paid.

  10. Dirk says up

    Never lend money to a Thai.
    After all, you have lost it with a probability bordering on certainty.

    My wife's brother was visiting us in Hua Hin around New Year's Day.
    He would stay for 10 days with his wife and children. Holiday in Hua Hin paid for by… yes.

    On top of that, he asked my wife to borrow 20k baht. After consultation with my wife, we decided the following:

    He would put my fencing in red lead and a new coating around my house and also take care of the entrance gate. All together a 80 running meter + the gate.
    We would of course buy the necessary materials and paint for him.
    If he agreed to this, we would give him 30k baht, which he obviously did not have to pay back.
    Wife and children could continue to enjoy the holiday.
    Nice proposal right?

    Response from the brave man:
    Angrily shouted wife and children, quickly threw everything in the pick-up (which he had already received) and left.
    Never seen again…..

    My wife agreed with me and had learned a lot, she told me…

  11. Keith 2 says up

    Loan 400.000 and then repay 12.800 baht per day?
    That was not only the interest, but also repayment.
    Otherwise it would mean 3,2% interest per day = 96% per month and 1168% per year.

    That doesn't even happen in Thailand.
    Percentages of 20 on a monthly basis I've heard of, but close to 100% per month? No, that can't be true. Certainly not if there is proper collateral.

    For example, I once spoke to a lady via a dating site who had to pay 5% per month… after I had asked 20 questions, it finally became clear that it was interest + repayment and the actual percentage was a reasonable 1% per month. This was because she had solid collateral and the lender was therefore not at risk.
    (By the way, I left the dating behind…)

    • Nico B says up

      People who think they will receive a delayed claim in a few days are sometimes forced to take out a loan in order to pay their bills on time.
      In situations like this without collateral, a percentage of 10% per day is charged, because well, you can pay back in a few days, then it will have to be done.
      Unfortunately, but that also happens.
      Nico B

  12. Kees says up

    I understand from people who have been proven right by the court in such cases, that you still have to go after your money yourself, no one to help you. If that's true, then you don't have much use for such a legal process.

    I have nothing to add to the above comments. Lending money is a specialized profession, as a layman you should not concern yourself with that and certainly not in a foreign country.

  13. Nico from Kraburi says up

    A contract is not much here, we ourselves have also lent money after receiving the title deeds of a piece of land. As collateral. The loan was never paid back, we were left with a nice piece of land, only had to be transferred at the land office. Perhaps negotiating with a local intermediary is another option to get some money back.

  14. Nico B says up

    It is really very simple, if someone at such interest rates, 3,2% per day is 97% per month, is 1168% per year!! , money is borrowed, it is clear that the borrower has nowhere else to go, then the loansharks have another victim.
    You really have to stay very far away from that, simple as that.
    Nico B

  15. chris says up

    Will's story makes me suspect that the two houses are not or not yet owned by his acquaintance. As long as you have not repaid the entire mortgage debt to the lender, the house is not yours, but the lender's. When you have paid everything, you will receive a statement from the lender and you will receive the property in your name through the district office.
    There are many more Thai people who say they have their own house, but in reality it is not so.

  16. John Chiang Rai says up

    If you lend money to a good acquaintance in Thailand, you often run the risk that you will not see both the money and the good acquaintance.
    Someone who cannot pay back, which is unfortunately often the case, also avoids the lender to save face.
    With immediate family you can't always get out of it, although I first check whether it is really necessary, and also make it dependent on a certain Limit.
    The ground rule I apply to family is, if it comes back it's good, if not I write it off under the gifts category.
    Unfortunately, someone who drinks more than works falls outside this category of gifts.

  17. Nico B says up

    Dear Will, what to do? You can request a start-up meeting from a lawyer, sometimes the 1st half hour is not charged. In that time, a first impression can be obtained of your chances of obtaining the loan amount and what the possible costs of the lawyer and additional procedure costs would be.
    Keep this in mind, first check the facts that you want to let the lawyer know, eg check whether your good acquaintance actually owns the said land and 2 houses, you cannot acquire ownership of these. You can force the borrower to sell it, but there is a good chance that no buyer will emerge, it is also possible that the borrower has already heavily borrowed these properties and may have other loanshark loans.
    In short, it can be quite a journey of discovery before taking action to get your money back. Consider the whole, is there a chance of success with action or does it only lead to costs with no benefits.
    No cure no pay is not common in Thailand. Good luck with it.
    Nico B

  18. peter v. says up

    I read a while back (on this site?) that a foreigner *should* not provide a loan to a Thai.
    (If I remember correctly, that was related to an article about a German(?) loanshark.
    If so, then that contact is worthless.
    Fortunately, it is not wasted money, but learning money…

    • chris says up

      Even stronger. A Thai citizen who builds a house must be able to prove where he/she got that money from. If that money comes from a foreigner (even if she/he is married to him/her) it may be considered illicit and that house may be confiscated. Never heard of that happening but it is the letter and spirit of the law.

      • Nico B says up

        Having to show where the money comes from is certainly not applied consistently.
        Which did happen.
        Thai woman wants to put land in her name after purchasing it.
        The official sees a Farang in the company of the woman, without knowing whether the woman has a relationship with the Farang, the official demands a statement from the Farang that the money for the purchase of the land does not come from him. The Farang of course refuses, he was only the driver for that day.
        Subsequently, a statement to be drawn up by the police is demanded from the woman, stating that the woman has no relationship with the Farang and that the Farang is not the source of the funds for the land purchase.
        After that, nothing is asked about the origin of the money for the land purchase, nor where the money for the house to be built comes from.
        Strange, but true, conclusion, the Farang had better stay outside when the woman buys land.
        Nico B

        • Cornelis says up

          If I understand correctly, then it is apparently possible that a Thai woman can have the purchase of land and build a house on it secretly with money provided by a farang, without the farang - who has paid everything - can influence this later on? And doesn't the district head/official in question ask the woman where all the money comes from for the land and the construction of the house. Which it is impossible for her to possess or be able to possess herself.
          Will the official in question then simply put the house and land in her name? And can it still be repaired at a later stage? Or is everything finally fixed?

          • chris says up

            Yes that is possible.
            If there are questions at all, an answer can be given that she got the money through a prize in the lottery, or from an inheritance… or borrowed from a Thai…
            Fix later: not so.
            By law, foreigners (with the exception of Americans) are NOT allowed to own land in Thailand. A Thai person can act as a proxy for a foreigner who does want to buy land.

  19. lomlalai says up

    If I may play devil's advocate for a moment; my first thought was that everything could be staged. Does a loanshark really come by every day to get his money? or has this good acquaintance enlisted some friends to pose as money collectors from a loanshark in order to appear pathetic to her “rich” farang acquaintance. And then to get him to give her a loan (free money) (of course he/she doesn't know that yet at that moment). She kindly asks him/her to help her because she is so sad with a so-called expensive loan, and usually sooner or later the loot will arrive with one or another acquaintance. This would also explain why she already owns a number of homes and has land….(perhaps obtained in this way). Most Thai women will not be like that, but there are some in between……..

  20. Ton says up

    “Nice”, those pointing fingers afterwards. Anyone can look a cow in the ass from behind.
    Helpful Will has wanted to help someone, but has been too trusting.
    Will, I think, knows that himself.
    And that's why it's actually brave that Will dares to bring the story to the public.
    Also useful: an extra warning for us readers.
    The question is: can anything be done about it and if so, what can he do!
    I suggest: have an exploratory conversation with some good lawyers. Both in the residence of the lady in question (perhaps she is known) and further away from there (possibly more neutral).
    Indeed, some lawyers work on a “no cure-no pay” basis, with less chance of undressing via “hourly invoice”.
    Good luck, hope you get some of your money back.

    • Jer says up

      Any advice to go to a lawyer for possible legal proceedings is useless. Houses and land are already in someone else's name, as security, otherwise she would have gone to the bank for a cheap loan of less than 18 percent per year!
      The only ones who go to court in the event of non-payment are the banks or finance companies, for example in the case of car loans. These follow the path of following steps in the liquidation of the debts so that they can legally put the pledged property, house or land in their name.
      For the others, acquiescing in HRT is not getting it back because even if the court rules that repayment must be made, this will become difficult if the debtor cannot do so because of having no assets left.

  21. lung addie says up

    Who can afford to pay 12.800THB per day? Here you should already know that something is not right, even if there is collateral, you can never cough up such an amount as a Thai woman.
    Will, take your loss because it will cost you a lot of misery trying to recover the money and the chances are very slim that you will succeed. After all, she didn't steal the money, you lent it to her, which is already against Thai law. So take your loss, consider it a lesson learned and… possibly the most expensive fuck of your life. She must have been special… that it was worth so much to you.

    • Nico B says up

      Just to be clear, is that right?
      Borrowing money from a Farang is in fact against Thai law?
      Perhaps when buying land, this would be prohibited for other situations, e.g. for the purchase of a refrigerator, TV or car?
      Would like to know where I can study the legislation on this.
      Nico B

  22. Christian of the fin says up

    Accept your loss, there's nothing you can do about it.
    lawyer and police will cost you more.
    Contract alone is not enough you must get the title deeds as collateral,
    That is the way most lenders and also the bank work.
    notarize collateral.
    GRTZ Christian of the fin

  23. fast jap says up

    It's no shame that you fell for it, I almost fell for it myself, a good Thai buddy of mine also asked for a loan that I declined, luckily, and a month later he lived in a completely different part of Bangkok . I really considered him a good buddy, he me too, we often hung out with each other, but some Thais will suddenly switch that switch from now on I'm going to think purely about myself. opportunistic.


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