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About dutchweller

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  1. Absolutely correct I am currently in the final stages of being sued for Defamation. The law is quite clear and also most people who use it to threaten people with legal action have no Idea what it actually means.. I went from being sued for Millions...to now after a very brief court appearance and the judge scolding the claimant and his lawyer for "wasting the courts time" and being threatened with penalty for such.. The whole thing has gone away and the claimant was forced to pay all my legal costs and out of cost expenses..
  2. Not true Section 330. Truth as a Defense In case of defamation, if the person prosecuted for defamation can prove that the imputation made by him is true, he shall not be punished. But he shall not be allowed to prove if such imputation concerns personal matters, and such proof will not be benefit to the public. So any decent lawyer would argue the knowledge of the dodgy business, Condo manager, would be of benefit to public to avoid further scamming..
  3. I hope his pals at the motorbike taxi rank are sufficiently ashamed of being associated with this shitbag that he will be in fear of servere beatings if he show his face again.. I know the local boys at my soi would have beaten the crap out of him if he had tried it on any of the local elders or less fortunate.. Have seen it happen with a dek van thug who tried to intimidate some locals. He was rounded up and told under no uncertain terms if he or his family did not move by the end of the week he would be beaten to a pulp...
  4. He had a 50% chance of being right. Just another attention seeking hack..
  5. See my previous post My rooms have never been empty..
  6. Ok if it's the terms that are getting you I can always rent the apartment. Without furniture.. Then we can have a second contract for the rental of the future. See not that difficult.??? Each rental contact will have its own deposit also..
  7. Exactly I laugh when some asshat thinks he can dictate to an owner the terms of the contract...
  8. If you throw out the contract See if I cair you just would not be living in my condo.. Unexpecting renters?? It would be clear what the deposit are for.. Why should I not ask for a security for the 100s of thousands of bhat furniture that is in the apartment? And in reality the deposit would barley cover the cost to replace the TV.. I am a fair landlord and I have never ripped off any of my renters infact I have never had to even look for renters for my rooms because every time I have had people move out the previous tenants have always found friends to move in. Not because they are obliged to but because they were so happy and impressed on how they were treated living with us.. If you are not happy with how I run my business move along I have never had any issues. Infact I doubt any of you who oppose the deposit for furniture I would allow in my apartments. Renting is a 2 way Street if you came to rent from me I would most likely say no thanks I will find a better Tennant.
  9. I certainly will be implementing a furniture insurance + rental deposit in the next round of contract renewals for my tenants.. Why should I be left out of pocket if damage is done by a Tennant to my property? my wife and I worked hard to get our investment and I'll be dammed if I will roll over if it is damaged by someone renting it..
  10. Honda cars do just that. I also had many an argument with the hotel HR where I previously worked about them forcing staff to pay a kitchen clog (cocs) and they were to only buy from them at a inflated price...
  11. Wrong Truth is indeed a defense See Criminal Code Defamation (Sections 326-333) Section 330. Truth as a Defense http://library.siam-legal.com/thai-law/criminal-code-defamation-sections-326-333/
  12. Your assessment of the current Defamation laws is correct to my experiences Truth as a Defense Good Faith Statement Are exactly the clauses the accusation of defamation against me was thrown out of court on..
  13. Correct But also the defamed would have to prove a loss
  14. Having recently been in the courts after being accused of (Verbal) defamation. I can safely say most people who make the accusation of defamation do not know the law fully and most of the time it is thrown out of court as my case was.. Most accusations of defamation is just used as a threat and those who do not understand the law in full fall for it and either pay unnecessarily out of court or issue a retraction and apology. Here are some points from the Thai Defamation laws Section 330. Truth as a Defense In case of defamation, if the person prosecuted for defamation can prove that the imputation made by him is true, he shall not be punished. But he shall not be allowed to prove if such imputation concerns personal matters, and such proof will not be benefit to the public. But in this case as the statement was made online it would come under the following Section 328. Defamation by Publication If the offence of defamation be committed by means of publication of a document, drawing, painting, cinematography film, picture or letters made visible by any means, gramophone record or another recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means, the offender shall be punished with imprisonment not exceeding two years and fined not exceeding two hundred thousand Baht. If the case did proceeded (Unlikely) and the the Accused is convicted the defamed will also have to prove a financial loss and will be awarded reparation to the amount losses up to 200,000.. I would say it is highly unlikely that the Accuser will proceed as he/she would have to hire a lawyer to file the official proceeding. I would say more than likely this is a bluff by the restaurant to have the review retracted and try and bee remunerated by intimidation for their loss of face.. Also I would point to point 3 below as a rebuttal to the accusations.. Section 329. Good Faith Statement A person, in good faith, expresses any opinion or a statement: By way of self-justification or defense, or for the protection of a legitimate interest; In the status of being an official in the exercise of his functions; By way of fair comment on any person or thing subjected to public criticism; or By way of fair report of the open proceeding of any Court or meeting shall not be guilty of defamation. Referanced from http://library.siam-legal.com/thai-law/criminal-code-defamation-sections-326-333/