Wednesday, July 15, 2015

Borrow



Jake Mason
July 13 at 9:39am
Long story short, while I was living in Saigon I loaned some money to a close friend. They have promised to pay me in full but it has now been close to 8 months. I'm considering filing a claim within Australia as this is now where I'm residing, but I suspect considering they are still living in Vietnam it would be useless. Anyone know of the process I would need to go through in an attempt to get this money repaid? I have numerous messages between us with them stating the will pay the full amount.
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  • 6 people like this.
  • 54 of 96
  • Kris Wilkins You said the guy you leant to was "connected"? How so?

    If they were Vietnamese, I would say going to extra-judicial route would be a dangerous option, but if they are not vietnamese, how can they be connected here? If its a white guy, you should go to    ...See More
    July 13 at 11:25am · Like
  • Sharon Gavin Friendship & Money : Oil & Water (Mario Puzo)
    July 13 at 11:25am · Like · 3
  • Kris Wilkins Your notions of handling it civilly are patterns that evolved alongside rule of law. When you are somewhere with no rule of law, they are not as relevant
    July 13 at 11:26am · Like · 1
  • Alexander Roman Konopacki As you are living in australia now I have a very good suggestions. Go out of you house, walk to the next bar, have as many beers as you can , complain to some people and forget you money. Safes you a lot of stress as you will probably never get it again
    July 13 at 11:34am · Like · 1
  • René Poirier To verify his good will you may ask him to sign a debt statement, no need to mention about the terms for payments and interest. Just a piece of paper saying how much he owns you would give you more options after. Falling to this test is usually a sign that a debt holder is willing to take you for a long and painful ride….
    July 13 at 11:45am · Edited · Like · 3
  • Quang Nguyen "It's more than a few hundred VND" so is it around 500,000VND?
    July 13 at 11:48am · Like · 1
  • Nathan Waddington I've lost 100's of $$$, if not 1000's over the early years in VN, all to fellow expats. I just had to take it on the chin. There was no social media back then, but if it was in these days, I'd just publicly shame him by online means within HCMC related social media.

    You won't get your money back, nor is is a nice way, i don't like the FB or Twitter frenzies, but it would make me feel better i guess.
    July 13 at 12:18pm · Like · 1
  • Jake Mason Quang Nguyen na... quite a bit more hahah 

    Im not publicly shaming anyone as much as I'd like to, I feel that way there would be less chances of him paying me back. But hopefully he'll see this post
    July 13 at 12:20pm · Like
  • Alexander Roman Konopacki Forget the money mate and have a beer
    July 13 at 12:21pm · Like
  • Robert Bicknell Whenever I lend a friend money, I already consider it gone. If he repays, then he is honorable. If he doesn't, then c'est la vie. His true character is revealed.
    July 13 at 12:23pm · Like · 4
  • Kris Burgess That saying was taken from a soliloquy by Polonius in Act I, Scene 3 of William Shakespeare's Hamlet.

    Neither a borrower nor a lender be;    ...See More
    July 13 at 12:27pm · Like · 3
  • Jake Mason What I've learned from this thread:

    1: I'm an idiot    ...See More
    July 13 at 12:29pm · Like · 3
  • Robert Bicknell Jake, write it off. Don't let it get you down. Move on sadder and wiser.
    July 13 at 12:32pm · Like
  • Hien Nguyen Kind people are idiot sometimes. It happens because we're too kind to say no even see the risk. I agree with Rebert.
    July 13 at 12:39pm · Like
  • Paolo Euvrard if he was a close friend, just trust him, maybe he encounters some difficulties for the time being...
    July 13 at 12:50pm · Like · 1
  • Lindsay Westphal Let me tell you straight up and with learned knowledge on the type of matter..... if you want to take legal action, you must do so in Vietnam if the law permits. In Australia however, you can not get past what is called "geographical nexus". No element...See More
    July 13 at 1:12pm · Like · 1
  • Jake Mason Yeah I figured it would be outside of their jurisdiction
    July 13 at 1:16pm · Like
  • Dien Khung Do you have a Debit note?
    July 13 at 1:28pm · Like
  • Jake Mason Do you mean a signed piece of paper stating how much they owe?
    July 13 at 1:29pm · Like
  • Jake Mason In my country of origin as well as theirs, verbal agreements are legal binding contracts. I've just looked it up. Plus there are numerous messages from them to me stating that they agree on the amount of debt, as well as the intention to pay. To my understanding that's enough...
    July 13 at 1:31pm · Like
  • Tuan Huynh Do you feel his excuse for delaying payment was justifiable? If yes then hold out awhile longer if you dont think hes ever paying you back then name and shame and/or hire someone with no fees no gains might just be the right leverage...obviously some money back with the quiet satisfaction of the fact that he never did get away with it would still be better than all this bitterness and no money....
    July 13 at 1:34pm · Like
  • Jake Mason I feel like it is justifiable, but the fact that I have not even received even one freaking dollar despite me asking for a partial payment is what frustrates me
    July 13 at 1:36pm · Like · 1
  • Dien Khung if the debt owner is a Vietnamese and living in Vietnam, you first have to has a debit note signed by lender to prosecute in court
    July 13 at 1:37pm · Like · 1
  • Nigel Melling you have lost the money, simple as that.....
    July 13 at 1:38pm · Like
  • Tuan Huynh Nguyễn Quyền Kyaw Tay Zar please ban this spammer....See Translation
    July 13 at 1:39pm · Like · 1
  • Tuan Huynh OK then tie him into a written legal debtor contract would show you his true intention.....
    July 13 at 1:41pm · Like · 2
  • Michael David Kemp Saying: A fool and his money are soon parted.
    July 13 at 1:42pm · Like
  • Jake Mason Thanks for the help Tuan. Looks like I'll either have to hire someone to deliver it and witness it or post it from Australia...
    July 13 at 1:43pm · Like · 1
  • Lindsay Westphal Jake Mason... you said "In my country of origin as well as theirs, verbal agreements are legal binding contracts.".. If you are talking about Australia, no it is not legally binding, nor can it be proven it existed in the first place. A court would laugh that claim out the door.
    July 13 at 1:45pm · Like
  • Tuan Huynh I think initially just suggest this to him since you are still on friendly terms...coax and play on his social sensibility.... i think soft soft approach would have more of a positive outcome...than surprise him with the document... judging from your dilemma
    July 13 at 1:47pm · Like · 1
  • Lindsay Westphal .... or knee cap him .
    July 13 at 1:50pm · Like
  • Jake Mason Lindsay 
    "It’s not uncommon for a verbal agreement to be made rashly or without all the details properly sorted through. This is a problem when you realise that a verbal agreement can be legally binding with the same force as a written agreement."
    July 13 at 1:51pm · Like
  • Jake Mason That was taken off the website of an Australian law firm... And all the requirements that make it a legal binding verbal contract had taken place. Plus there's evidence of that within our messages to one another
    July 13 at 1:55pm · Like
  • Lindsay Westphal Jake Mason before a debt can be salvaged through the courts, the terms of the contract, written or otherwise, MUST specify the due date. Failure to comply requires a demand in writing and served on the person. Did you do that?
    July 13 at 1:55pm · Like · 1
  • Lindsay Westphal http://www.findlaw.com.au/.../is-a-verbal-agreement...
    Is a verbal agreement legally binding?
    It’s not uncommon for a verbal agreement to be made rashly or without all the details properly sorted through. This is a problem when you realise that a verbal agreement can be legally binding with the same force as a written agreement.
    FINDLAW.COM.AU
    July 13 at 1:57pm · Like
  • Jake Mason I fail to see the requirement of a due date on that link. No we did not. But judging from that article and reading the 4 criteria, everything was completed and agreed on. And there are records of our discussions through emails and texts
    July 13 at 2:02pm · Like · 1
  • Maarten Akkerman So you take someone who's not from Australia, and who might never even come there, to court in Australia. And then?
    July 13 at 2:04pm · Like · 1
  • Jake Mason If I knew what the most beneficial option was for this situation I wouldn't have posted this. Which is why I'm asking for advice
    July 13 at 2:06pm · Like
  • Maarten Akkerman No, I understand, but I think taking the person to court in Australia is a dead end as well, that's the point I was trying to make with my question. Unless there is a possibility to use the court order from Australia to get the money from possessions the other might have in his home country or in Vietnam.
    July 13 at 2:14pm · Like
  • Caleb Bierton Read my above post.
    Short of dealing with gangsters, you don't have a chance.
    July 13 at 2:14pm · Like
  • Jake Mason With the fact now that I've been actively asking about the situation on social media and if the doi no thue were to get involved, it could easily come around and bite me in the ass.
    July 13 at 2:19pm · Like
  • Michael David Kemp Again: A fool and his money are soon parted.
    July 13 at 2:21pm · Like
  • Jose Tuset Jake Mason you're not getting your money back-period. If this person is an expat the only way you'll get your money is how I suggested in an earlier post. Like I said I can PM u a contact number for someone to deal with it. If the debtor is Vietnamese,...See More
    July 13 at 2:43pm · Like
  • Matthew Kershaw In my experience I wouldn't lend money to anyone except close family. Just be careful who you give your money to.
    July 13 at 2:50pm · Like · 1
  • John Bellew Gotta tell you all ... I borrowed 117,000 USD from a true friend in the USA on nothing but a handshake ... been paying it back as agreed, and even though I am in Vietnam now, I still transfer to his account each month until it's paid. Side note: I keep offering him interest on it, but he wont accept it ... btw, he is Vietnamese.
    July 13 at 4:06pm · Edited · Like · 3
  • William Anthony More than a few hundred VND, but not 5 figures. So we are talking under 10,000VND.
    July 13 at 4:25pm · Like
  • Jose Tuset Borat's back
    Yesterday at 1:23pm · Like · 1
  • Robert Bicknell If you lend money to a friend and want to keep that friend, consider it gone. If he pays you back, great. If not, you know not to lend to him again.
    Yesterday at 7:57pm · Like · 2
  • Gary MacDougall Neil Rabs, what about buying a parrot for the friend who borrows money. Every morning the parrot says "Pay back Jake, pay back Jake, pay back Jake"! After one month of this the borrower gets upset and threatens to wring the parrot's neck next time he says that. The next day the borrower looks at the parrot with a stern look....silence...more silence...then the parrot looks him in the eye and says "You know"!
    15 hrs · Edited · Like · 1
  • Robert Bicknell lol
    12 hrs · Like · 1
  • Jo Arnold I loaned over $5,000 during my life to a homeless man some years ago in America but he disappeared
    25 mins · Like
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