Our Practice Areas
Civil Litigation in Thailand
1. Civil Litigation in Thailand: Issues, Steps & Evidence
Civil litigation is the court-based process for resolving disputes between two or more private parties (individuals or legal entities) concerning their legal rights, duties, and liabilities under civil law. Unlike criminal proceedings, which involve state-prosecuted punishment, the primary objective of a civil case is to provide a remedy, such as enforcing a contract, compensating for damages, or protecting a party’s rights. For businesses and individuals operating in Thailand, understanding the landscape of civil litigation—from the types of disputes and court procedures to evidence requirements—is essential for effective risk management and rights protection.
The Thai civil procedure follows a structured path, commencing with pre-action assessments, moving through the filing of a plaint, court-annexed mediation, trial, judgment, and concluding with civil enforcement, which is the mechanism for executing a court’s final decision.
2. What Counts as Civil Litigation?
These include disputes over real estate ownership, adverse possession, partition of property, eviction of unlawful occupants, and conflicts related to easements or property boundaries.
Breach of Contract
This type of dispute occurs when one party fails to perform its obligations under a legally binding agreement. This can include non-payment, failure to deliver goods or services, or violation of other contractual terms. Remedies available to the non-breaching party typically include:
- Damages: Monetary compensation for losses incurred due to the breach.
- Specific Performance: A court order compelling the breaching party to perform its contractual obligations.
- Rescission: Cancellation of the contract, returning both parties to their pre-contractual positions.
The general statute of limitations for contract claims not otherwise specified by law is 10 years, as stipulated in Section 193/30 of the Civil and Commercial Code (CCC).
Torts / Wrongful Acts
A tort is a wrongful act, whether intentional or negligent, that causes injury or harm to another person’s life, body, health, liberty, property, or rights. The primary remedy is monetary damages to compensate for the harm suffered. The limitation period for a tort claim is 1 year from the date the injured party becomes aware of the wrongful act and the person liable, but not exceeding 10 years from the date the act was committed, per Section 448 of the CCC.
Debt Claims, Bills & Cheques
This category involves the enforcement of financial instruments such as loan agreements, promissory notes, bills of exchange, and bounced cheques. These are governed by specific laws and have distinct limitation periods, such as a 1-year period to sue the issuer of a bounced cheque.
Debt-Related Disputes
This covers a broad range of claims for payment, including credit card debt, liabilities under guarantee agreements, and other obligations. The applicable limitation period depends on the nature of the debt. For example, claims by merchants for goods delivered are subject to a 2-year limitation period under Section 193/34(1) of the CCC.
Breach of Contract & Torts
Property Disputes
These include disputes over real estate ownership, adverse possession, partition of property, eviction of unlawful occupants, and conflicts related to easements or property boundaries.
Other Commercial Civil Disputes
Civil litigation also extends to numerous other business and commercial conflicts, including:
- Construction and Contract for Work Disputes
(Cases arising from construction agreements and contracts for the performance of work) - Disputes under Sale, Distribution, and Franchise Agreements
(Including purchase and sale contracts, agency or distributorship agreements, and franchise arrangements) - Lease and Eviction Cases
(Disputes concerning property leases, termination, and eviction proceedings) - Hire-Purchase Cases
(Disputes arising from hire-purchase or installment-purchase agreements) - Conditional Sale (Sale with Right of Redemption) Cases
(Litigation concerning sale contracts with a right of redemption) - Mortgage and Pledge Cases
(Civil actions involving secured transactions by way of mortgage or pledge) - Shareholder and Director Disputes
(Including disputes among shareholders, as well as directors’ duties, liabilities, and breaches of fiduciary obligations) - Service and Information Technology Contract Disputes
(Litigation arising from service agreements or IT-related contracts) - Civil Intellectual Property Infringement Cases
(Claims involving copyright, trademark, or patent infringement in civil proceedings) - Consumer Protection Cases
(Civil proceedings arising under the Consumer Protection Act and related legislation) - Insurance Contract Claims
(Claims for compensation or damages under insurance contracts)
What We Do
JIRAWAT & ASSOCIATES LAW OFFICE provides comprehensive services in civil litigation, focusing on delivering clear information and strategic legal options tailored to your situation. Our services include:
- Pre-action case assessment, issuance of demand letters, and negotiation/mediation strategy.
- Drafting and filing of plaints, statements of defense, and other pleadings, as well as court representation at all stages as permitted by law.
- Filing applications for interim/provisional measures, such as temporary injunctions or the provisional attachment/garnishment of a defendant’s assets before judgment (pursuant to Sections 253 and 254 of the Civil Procedure Code).
- Evidence strategy, preparation of affidavits, and coordination with expert witnesses.
- Negotiating settlements, obtaining consent judgments, and advising on Alternative Dispute Resolution (ADR), both court-annexed and private.
- Handling appeals to the Court of Appeal and petitions to the Supreme Court (Dika) as permitted by law.
- Managing civil enforcement proceedings with the Legal Execution Department (LED), including asset seizure, attachment of claims, public auctions, and collection of proceeds.
3. Overview of Civil Procedure in Thai Courts
The civil litigation process in Thailand follows a defined sequence of stages. A clear understanding of this process is vital for any party involved in a dispute.
The Civil Litigation Process
Stage | Description |
|---|---|
1. Filing the Plaint & Initial Steps | The plaintiff initiates the case by filing a plaint with the competent court and paying court fees (generally 2% of the claimed amount, capped at THB 200,000 for the Court of First Instance). The court then serves a summons and a copy of the plaint on the defendant. |
2. Filing the Answer/Defense | The defendant must file a statement of defense within 15 days of proper service (or 30 days in some cases). If the defendant has a claim against the plaintiff, a counterclaim can be filed along with the defense. |
3. Mediation & Preliminary Hearing | The court typically schedules a mediation session to encourage the parties to reach a settlement before trial. If mediation is unsuccessful, the court will hold a hearing to determine the issues in dispute and assign the burden of proof for each issue. |
4. Evidence Examination (Trial) | Each party presents evidence (witness testimony, documents, physical objects) to prove their case on the issues set by the court. The party with the burden of proof presents their evidence first. |
5. Judgment | After the trial concludes, the court delivers a judgment. This typically takes about 2-4 months from the final hearing date, depending on the case's complexity. |
6. Appeals | A party dissatisfied with the judgment of the Court of First Instance may file an appeal with the Court of Appeal within one month. A further appeal to the Supreme Court (Dika) is not an automatic right and requires permission, which is granted only for significant legal issues. |
7. Enforcement | If the judgment becomes final and the losing party (judgment debtor) fails to comply, the winning party (judgment creditor) must apply to the court for a writ of execution and then engage the Legal Execution Department to enforce the judgment. |
4. Preparing Evidence in Civil Cases
Evidence is the cornerstone of any civil case. The ability to substantiate claims with credible and admissible evidence is critical to a successful outcome. Under Section 84 of the Civil Procedure Code, factual determinations must be based on the evidence presented in the case file.
Common types of evidence used in Thai civil courts include:
- Documentary Evidence: Contracts, invoices, receipts, delivery notes, emails, chat messages (e.g., LINE, WhatsApp), corporate minutes and resolutions, and proof of payment.
- Witness Testimony: Oral statements from individuals with direct knowledge of the facts or from qualified experts.
- Physical Evidence: Defective products, site photographs, video recordings.
- Expert Evidence: Reports and opinions from specialists such as engineers, property valuers, or forensic accountants.
Tips for Evidence Preparation:
- Authenticity and Integrity: Ensure that documents are originals or properly certified copies and have not been altered.
- Chain of Custody: Maintain a clear record of how evidence has been handled and stored to prevent challenges to its authenticity.
- Relevance: Focus on evidence that directly pertains to the legal issues in dispute to ensure an efficient and persuasive presentation to the court.
5. Preparing for Litigation: What to Know
Proper preparation can significantly improve the efficiency and effectiveness of the litigation process. Before commencing or defending a civil claim, parties should consider the following:
- Factual and Documentary Review: Create a detailed timeline of events and gather all relevant documents.
- Cost-Benefit Analysis: Understand the potential costs, including court fees, legal fees, expert witness fees, and enforcement costs, and weigh them against the potential outcomes.
- Strategic Objectives: Clearly define the desired outcome, whether it is monetary recovery, specific performance, or a swift settlement.
- Witness Preparation: Identify potential witnesses and assess their credibility and willingness to testify.
6. Civil Enforcement: A Snapshot
Obtaining a favorable judgment is only half the battle. If the judgment debtor does not voluntarily comply, the judgment creditor must initiate enforcement proceedings, which are managed by Thailand’s Legal Execution Department (LED).
Table: Civil Enforcement Steps
Step | Description |
|---|---|
1. Apply for a Writ of Execution | Once a judgment is final, the creditor must apply to the trial court for a writ of execution. This must be done within 10 years of the final judgment date. |
2. Appoint an Executing Officer | The creditor submits the writ to the relevant LED office to have an executing officer appointed to the case. |
3. Trace the Debtor's Assets | The creditor is primarily responsible for locating the debtor's assets (e.g., real estate, bank accounts, vehicles, salary) and providing this information to the executing officer. |
4. Seize or Attach Assets | The creditor requests the officer to seize (take possession of) physical assets or attach/garnish claims the debtor has against third parties, such as funds in a bank account, salary, or rental income. |
5. Public Auction | The executing officer will sell seized assets at a public auction to the highest bidder. |
6. Receive Proceeds | The funds collected from the auction or attachment are distributed to satisfy the debt, interest, and legal costs owed to the creditor. Any surplus is returned to the debtor. |
7. Limitation Periods in Civil Claims
Table: Key Limitation Periods in Thai Civil Law
Type of Claim | Limitation Period | Relevant Section (Civil and Commercial Code) |
|---|---|---|
Tort / Wrongful Act | 1 year from knowledge of the act and the liable person (but not exceeding 10 years from the date of the act) | Section 448 |
Professional fees, tuition, medical bills | 2 years | Section 193/34 |
Claims by merchants for goods delivered | 2 years | Section 193/34 |
Arrears of interest or rent | 5 years | Section 193/33 |
Sums payable in installments | 5 years | Section 193/33 |
General claims not otherwise specified (e.g., general breach of contract) | 10 years | Section 193/30 |
Enforcement of a final court judgment | 10 years | Section 193/32 |
8. The Civil Case Journey
Table: Indicative Timeline for a Civil Case
Stage | Estimated Duration | Notes |
|---|---|---|
Pre-action Preparation & Negotiation | 1–3 months | Depends on case complexity and the other party's responsiveness. |
Filing to Preliminary Hearing | 3–6 months | Subject to the court's schedule. |
Trial (Evidence Hearings) | 6–18 months | Can be longer for complex cases with many witnesses or postponements. |
Waiting for First Instance Judgment | 2–4 months | From the conclusion of the trial. |
Appeal Process | 12–24 months (per court level) | An approximate timeframe for consideration by the higher courts. |
Enforcement | 6–24+ months | Depends on the difficulty of locating assets and third-party cooperation. |
Frequently Asked Questions (FAQ)
No, Thailand is not a party to any treaty on the reciprocal enforcement of judgments. A foreign judgment is not directly enforceable but can be submitted as strong evidence in a new lawsuit filed in a Thai court on the same grounds. The Thai court will then consider the case on its merits.
While your presence may be required for key stages like giving testimony during the trial, many procedural steps can be handled by your appointed lawyer through a power of attorney. For mediation and certain hearings, courts may also permit remote participation via video conference.
Introduced by Section 20 ter of the Civil Procedure Code, pre-filing mediation is a court-annexed process allowing parties to resolve a dispute with a court-appointed mediator before a formal lawsuit is filed. Key benefits include no court filing fees, confidentiality, and the ability to obtain an enforceable consent judgment if a settlement is reached.
The main costs are: 1) Court fees, generally 2% of the amount claimed, subject to a cap; 2) Lawyers' fees, which vary by agreement; and 3) Other litigation expenses, such as fees for serving documents, witness expenses, and costs associated with the enforcement stage.
If a defendant is properly served but fails to appear or file a defense within the legal timeframe, the plaintiff can request the court to proceed with the case in the defendant's absence and grant a default judgment in their favor.
It is critically important. If you fail to file your claim within the prescribed limitation period, your claim becomes "prescribed" or time-barred. The defendant can then use this as a complete defense, and the court will dismiss your case, even if it is otherwise meritorious.
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