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  1. #1
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    Social Security USA

    A good Thai friend of mine (female) receives every month +/- 650 $ from he USA (SSA).
    She is the widow of an American.

    She was that stupid to quarantee a 10,000,000 HB+ loan for a Thai family member.
    Of course the family member defaulted on the loan, and he Krung Thai bank went after my Thai friend.

    Now her bankaccount with Bangkok Bank is blocked by court order. She can not touch the monthly SSA. The Krung Thai Bank/court can also not touch the money, because it's SSA money.

    Is here a way she can circumvent the above situation?
    1) SSA can not transfer to other Thai bank because of SSA regulation
    2) My friend doesn't have an American passport, only Thai.


    Any ideas
    Thanks,
    Prem

  2. #2
    euston has flown

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    leave thailand, transfer the payments to a new account outside thailand, then either negotiate a final settlement with the bank or return to thailand at a later date and hope the bank does not notice.

    as a suggestion, could be very bad advice

  3. #3
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    She should deal directly with the Social Security office is USA. We have VFW post covering most of Thailand. Each post has a Service Officer. They are trained to help and handle cases like this all of the time. Does she live near Korat? If she needs help finding a service officer or vfw post send me a PM and I can locate one. John

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    Was this ladies husband ever in the military of the USA? If so the service officer is required to help. If he was, what post did he belong to, if any. And if he was military does she have a copy of his DD-214? Most service officers will help even if the American was not military. John

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    Quote Originally Posted by hazz View Post
    leave thailand, transfer the payments to a new account outside thailand, then either negotiate a final settlement with the bank or return to thailand at a later date and hope the bank does not notice.

    as a suggestion, could be very bad advice
    =====================
    Her life is here in Thailand. She can not settle outside Thailand (temporalily).

    There will be negotiations with the bank, but I am quite sure they will not be succesfull, 18.000 THB monthly vs 10,000,000 THB debt.

    Thanks for the advice,
    Prem

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    Quote Originally Posted by Ceburat1 View Post
    Was this ladies husband ever in the military of the USA? If so the service officer is required to help. If he was, what post did he belong to, if any. And if he was military does she have a copy of his DD-214? Most service officers will help even if the American was not military. John
    =========

    Yes he was military.
    I try to send you a peronal message. Unfortunatly I can not (newbie).

    What is a vfw post? Is that Jusmag Thai?

    Thanks,
    Prem

  7. #7
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    Quote Originally Posted by hazz View Post
    leave thailand, transfer the payments to a new account outside thailand, then either negotiate a final settlement with the bank or return to thailand at a later date and hope the bank does not notice.

    as a suggestion, could be very bad advice
    There's the answer. Problem is she'd need a friend to open a Thai account in order to use her new ATM card. Might get ripped off by the friend. I doubt you can open a new account in the USA by proxy or by not being there in person. The best way would to contact SSA and give them the account number of a friend in Thailand and have them help her. But would the SSA deposit the funds in an account that wasn't hers?
    Last edited by Camel Toe; 27-02-2013 at 01:26 AM.

  8. #8
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    Quote Originally Posted by Camel Toe View Post
    Quote Originally Posted by hazz View Post
    leave thailand, transfer the payments to a new account outside thailand, then either negotiate a final settlement with the bank or return to thailand at a later date and hope the bank does not notice.

    as a suggestion, could be very bad advice
    There's the answer. Problem is she'd need a friend to open a Thai account in order to use her new ATM card. Might get ripped off by the friend. I doubt you can open a new account in the USA by proxy or by not being there in person. The best way would to contact SSA and give them the account number of a friend in Thailand and have them help her. But would the SSA deposit the funds in an account that wasn't hers?
    \=============
    The SSA will no deposit in someone else account. Even worse, ATM is also not allowed and you have to get the money in person from your account at the Bangkok Bank.
    All this in order to prevent fraud.

  9. #9
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    Good advice to Thai Relatives = "Neither a lender or borrower be". I only give them money for children's education, school fees & clothes, repair the farm equipment, and the usual village cremation contributions & some family gatherings. These are useful financial contributions. They have much richer relatives than myself, who seldom give them any money. I shamed those rich guys into at least bringing a case of Chaing & Lao Kao to extended family gatherings. The thought never crossed their Thai minds. FIL was most embarassed, but thanked me for saying what he could not for family reasons. GF was mortified.

  10. #10
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    I'd be nice if she lived near a border.

  11. #11
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    Quote Originally Posted by cdnski12 View Post
    Good advice to Thai Relatives = "Neither a lender or borrower be". I only give them money for children's education, school fees & clothes, repair the farm equipment, and the usual village cremation contributions & some family gatherings. These are useful financial contributions. They have much richer relatives than myself, who seldom give them any money. I shamed those rich guys into at least bringing a case of Chaing & Lao Kao to extended family gatherings. The thought never crossed their Thai minds. FIL was most embarassed, but thanked me for saying what he could not for family reasons. GF was mortified.
    ==========
    Yes she learned her lesson, now we have to deal with the consequences.

  12. #12
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    Just get a new bank account at another bank and go direct to SSA and transfer the direct deposit. SSA will not acknowledge the court order.

  13. #13
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    Quote Originally Posted by bsnub View Post
    Just get a new bank account at another bank and go direct to SSA and transfer the direct deposit. SSA will not acknowledge the court order.
    ==========
    As far as I know, the SSA will only ransfer to Bangkok Bank Headoffice when you live / reside in Thailand. No any other bank.

  14. #14
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    No, unless you owe money to the Federal Government itself (eg back taxes or a defaulted student loan), Social Security Payments cannot be garnished, and even then the Government itself can only take 15% of each payment. Read this as Title 42 United States Code Section 207. It's possible, I'm not sure that the FBI office in Bangkok or the American Embassy may help her.

    Sec. 207. [42 U.S.C. 407] (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
    (b) No other provision of law, enacted before, on, or after the date of the enactment of this section[92], may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.
    (c) Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this title, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986[93] by the person entitled to such benefit or such person’s representative payee.
    Last edited by BobR; 27-02-2013 at 07:13 AM. Reason: typo

  15. #15
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    No one except the IRS or Social Security can garnish or take Social Security funds. She needs to find an attorney in the US to fight Thailand.

  16. #16
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    Quote Originally Posted by Prem View Post
    Quote Originally Posted by Ceburat1 View Post
    Was this ladies husband ever in the military of the USA? If so the service officer is required to help. If he was, what post did he belong to, if any. And if he was military does she have a copy of his DD-214? Most service officers will help even if the American was not military. John
    =========

    Yes he was military.
    I try to send you a peronal message. Unfortunatly I can not (newbie).

    What is a vfw post? Is that Jusmag Thai?

    Thanks,
    Prem
    OK. JUSMAGTHAI office can direct you to the local VFW post if the lady lives in the Bangkok area but not sure if they can be of any other help.

    VFW Veterns of Foreign Wars.

    I spoke with my wife this morning before giving out her information on this forum - she said go ahead and have the lady call her. My wife Nui was the leader of the local VFW Wives Club last year here in Korat. Nui and our VFW service officer work together to help the widows in our area. Nui can and will help this lady or get her to the one who can. Her telephone number is 085-304-1701. John

  17. #17
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    She needs to find an attorney in the US to fight Thailand.
    That shouldn't cost more than a couple of years of SS checks.

  18. #18
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    I'm surprised one could co-sign a loan for 10,000,000 baht on an income of only $650 a month.

    For your info I'm pretty sure there is a VFW post that holds its meetings out of JUSMAGTHAI.

    If she can't afford to fly back to the states or pay for an attorney she may have no choice but to find another bank or credit union in the USA and deal with ATM fees.

    Word of caution ... Not all VFW Services Officers are above board. There is an one post in Thailand that had a Services Officer who was charging fees to widows to help them get their money. And the big VFW in the states has no jurisdiction ... Won't or can't do a darn thing to punish slime buckets.

    I think the Retired Affairs Office at JUSMAGTHAI will help her even if her deceased spouse isn't retired military or a disabled veteran simply because if Bangkok Bangkok is doing this it might jeopardize the SS funds of the retired military members. Maybe ... I'm not sure.
    Last edited by Storekeeper; 27-02-2013 at 11:31 AM.

  19. #19
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    Bangkok Bank operates a branch in New York through which this deposit is made and is therefore subject to American law and banking regulations. She is their customer, which means they had a fiduciary duty to treat her money as a reasonable person would treat their own.

    Social security payments cannot be legally garnished assigned or attached in any manner before or after payment as I cited above. She also has the option of demanding the money from Bangkok Bank and filing a complaint with the Social Security Administration and American banking authorities if it is refused.

    A letter from the right party would certainly get their attention since American regulators do not play politics or care about the social status of the parties like Thai regulators do.

  20. #20
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    You might want to get local Thai legal advice and ask why the bank would allow her to be the guarantee on a 10,000,000 thb loan with only 18,000 thb in income?

    It could be highly possible to get the whole thing dropped in court due to the fact she probably never met the banks written qualifications for a loan guarantee of that amount.

    At 18,000 a month you are looking at 46 years payback with no interest tagged on.

    The bank could be trying to intimidate her due to lack of education or social status.

    However, I believe getting hold of the banks written rules and regulations for a loan guarantee of 10,000,000 would greatly assist your case and could prove the bank was definitely wrong in this case.

  21. #21
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    ^ ^ ^ Amazing someone would co-sign for anyone. Jeez, there's a reason they need a co-signer. If the bank won't qualify them for a loan why would you? And then too, co-sign is a misnomer. You get the idea it's co, as in two people. But it's not. He who doesn't pay turns the contract over to he who now has to pay.

    Here in this country you can enter into an agreement and sign promising to make payments. The person holding the contract can sell it to anyone he wishes as a means to pay his debts. Now you've lost the payment agreement and have to pay the amount of the loan in cash. If not they come for your personal property.

  22. #22
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    Quote Originally Posted by Camel Toe
    Amazing someone would co-sign for anyone. Jeez, there's a reason they need a co-signer
    There are circumstances where it is appropriate. I co-signed for a loan that my wife took out for home renovations knowing full well that I was totally responsible for paying back the loan. It is much more difficult for a farang to get a loan so that was the best option.

  23. #23
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    Quote Originally Posted by ralphlsasser View Post
    No one except the IRS or Social Security can garnish or take Social Security funds. She needs to find an attorney in the US to fight Thailand.
    ==============
    That is not an option for 18,000 HB/monh

  24. #24
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    Quote Originally Posted by Ceburat1 View Post
    Quote Originally Posted by Prem View Post
    Quote Originally Posted by Ceburat1 View Post
    Was this ladies husband ever in the military of the USA? If so the service officer is required to help. If he was, what post did he belong to, if any. And if he was military does she have a copy of his DD-214? Most service officers will help even if the American was not military. John
    =========

    Yes he was military.
    I try to send you a peronal message. Unfortunatly I can not (newbie).

    What is a vfw post? Is that Jusmag Thai?

    Thanks,
    Prem
    OK. JUSMAGTHAI office can direct you to the local VFW post if the lady lives in the Bangkok area but not sure if they can be of any other help.

    VFW Veterns of Foreign Wars.

    I spoke with my wife this morning before giving out her information on this forum - she said go ahead and have the lady call her. My wife Nui was the leader of the local VFW Wives Club last year here in Korat. Nui and our VFW service officer work together to help the widows in our area. Nui can and will help this lady or get her to the one who can. Her telephone number is 085-304-1701. John
    ========================
    Thanks John,
    Your (and your wife) help is really appreciated. I will sen you later today a PM.

    Prem

  25. #25
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    Quote Originally Posted by Camel Toe View Post
    She needs to find an attorney in the US to fight Thailand.
    That shouldn't cost more than a couple of years of SS checks.
    ============
    Exacly, not an option.

    Prem

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