Suing in Thailand: Litigation Basics for Foreigners

Understanding the Thai Court System

Before pursuing or defending litigation in Thailand, foreigners need a basic understanding of how the Thai court system operates. Thailand uses a civil law system influenced by European models (primarily German and French), which differs significantly from common law systems used in the UK, US, and Australia.

The Thai court system is divided into three tiers: Courts of First Instance, the Court of Appeal, and the Supreme Court. Additionally, specialized courts handle specific types of cases.

Courts of First Instance

These are the trial courts where cases begin. The type of court depends on the nature and value of the dispute:

Court of Appeal and Supreme Court

The Court of Appeal reviews judgments from Courts of First Instance on questions of both fact and law. The Supreme Court (Dika Court) is the highest court, hearing appeals on questions of law only. Appeals must be filed within strict time limits.

Jurisdiction: Can Thai Courts Hear Your Case?

Jurisdiction determines whether Thai courts have authority to hear a dispute. For foreigners, this is often the first critical question.

Subject Matter Jurisdiction

Thai courts have jurisdiction over:

• Disputes arising from contracts executed in Thailand
• Disputes arising from contracts to be performed in Thailand
• Torts (wrongful acts) occurring in Thailand
• Property disputes involving Thai real estate
• Cases where the defendant is domiciled in Thailand
• Cases where the defendant has assets in Thailand

Territorial Jurisdiction

Within Thailand, the specific court is determined by:

• Defendant's domicile: Generally, cases are filed where the defendant lives or has a place of business
• Location of cause of action: Where the contract was signed or the tort occurred
• Location of property: For real estate disputes, the court where the property is located

Can a Foreigner Sue in Thai Courts?

Yes. Foreigners have equal access to Thai courts regardless of nationality or visa status. Key points:

• No requirement to be resident in Thailand to file suit
• No requirement for reciprocity with your home country
• You can appear through a Thai attorney (recommended)
• Documents must be in Thai or officially translated
• Court proceedings are conducted in Thai language

Statute of Limitations

The statute of limitations determines how long you have to file a lawsuit. Missing the deadline bars your claim forever. Thai limitation periods are set by the Civil and Commercial Code.

Common Limitation Periods

The Litigation Process: Step by Step

1. Pre-Litigation

Before filing suit, consider:

• Demand letter: A formal letter demanding payment or performance can resolve disputes without court
• Evidence gathering: Collect contracts, correspondence, photos, witness information
• Legal consultation: Assess the strength of your case and likely outcomes
• Mediation: Some disputes can be resolved through private mediation

2. Filing the Complaint (Plaint)

The lawsuit begins by filing a plaint (complaint) with the court. Required elements:

• Identification of parties (plaintiff and defendant)
• Statement of facts giving rise to the claim
• Legal basis for the claim
• Relief sought (damages, specific performance, etc.)
• Supporting evidence
• Court filing fee

3. Service of Process

The defendant must be formally notified of the lawsuit. Service methods include:

• Personal service by court officer
• Service at defendant's registered address
• Publication (if defendant cannot be located)

For defendants outside Thailand, international service procedures apply, which can take months.

4. Defendant's Answer

The defendant must file an answer within 15 days of service (extendable). The answer may:

• Admit or deny allegations
• Raise defenses
• File counterclaims against the plaintiff

5. Pre-Trial and Trial

After pleadings are complete:

• Pre-trial conference: Court identifies issues and may encourage settlement
• Evidence submission: Both parties submit documentary evidence
• Witness examination: Witnesses testify and are cross-examined
• Closing arguments: Attorneys summarize their positions

6. Judgment

The court issues a written judgment explaining its decision. Judgments may award:

• Monetary damages
• Specific performance (ordering an action)
• Injunctive relief (ordering to stop an action)
• Court costs and limited legal fees

7. Appeals

Parties may appeal within one month of judgment. Appeals to the Court of Appeal review both facts and law. Further appeal to the Supreme Court is limited to legal questions.

Legal Fees and Court Costs

Court Filing Fees

Thailand uses a sliding scale for court fees based on the amount claimed:

Additional court costs include fees for witness summons, document certification, and execution of judgment.

Attorney Fees

Legal fees in Thailand are unregulated and negotiable. Common fee structures:

• Hourly rates: 3,000 - 15,000 THB/hour depending on firm and seniority
• Fixed fees: Agreed amount for specific tasks or case stages
• Contingency fees: Less common in Thailand; percentage of recovery
• Retainer: Monthly fee for ongoing legal services

Total Cost Estimates

For a contested civil case through first instance judgment:

• Simple case: 200,000 - 500,000 THB
• Moderate complexity: 500,000 - 1,500,000 THB
• Complex commercial: 1,500,000 - 5,000,000+ THB

These estimates include attorney fees, court costs, evidence gathering, and translations. Appeals add significantly to costs.

Finding a Thai Lawyer

Foreigners pursuing litigation in Thailand should engage a qualified Thai attorney. While self-representation is technically possible, the Thai language requirement and procedural complexities make professional representation essential.

Types of Legal Professionals

• Lawyer (Thanaykwam): Licensed to give legal advice; not all can appear in court
• Barrister (Thanai): Licensed to appear and argue cases in court
• International law firms: Often have both Thai and foreign-qualified lawyers

How to Find a Lawyer

• Lawyers Council of Thailand: Official bar association with lawyer directory
• Embassy referral lists: Many embassies maintain lists of lawyers who speak various languages
• International law firm networks: Global firms with Bangkok offices
• Expat community referrals: Personal recommendations from others with similar needs

Questions to Ask Prospective Lawyers

• Experience with similar cases (ask for examples without breaching confidentiality)
• Litigation experience specifically (some lawyers focus on non-contentious work)
• Language capabilities (English proficiency varies)
• Fee structure and estimated total costs
• Expected timeline and process
• Who will handle your case (partner or associates)
• Communication frequency and methods

Special Considerations for Foreigners

Language Barrier

All court proceedings are conducted in Thai. All documents filed must be in Thai or accompanied by certified Thai translations. Your lawyer will handle court appearances, but ensure you receive regular updates in a language you understand.

Physical Presence

Plaintiffs do not need to be physically present in Thailand throughout litigation. However, you may need to:

• Provide testimony (can sometimes be done by deposition or video)
• Sign powers of attorney and other documents
• Attend key hearings if requested by the court

Power of Attorney

You will need to grant your Thai lawyer a power of attorney to act on your behalf. For documents signed outside Thailand, you may need:

• Notarization in your home country
• Apostille or legalization by the Thai embassy
• Thai translation of foreign documents

Judgment Enforcement

Winning a judgment is only half the battle. Enforcement requires:

• Locating the defendant's assets
• Court-supervised execution against assets
• Potentially dealing with asset concealment or flight

Alternatives to Litigation

Given the time, cost, and uncertainty of Thai court litigation, foreigners should consider alternatives:

Mediation

A neutral mediator helps parties negotiate a settlement. Benefits include speed, lower cost, and preserving relationships. Mediation can occur through private mediators or court-annexed programs.

Arbitration

A private tribunal decides the dispute. Faster than courts, confidential, and awards are enforceable internationally. See our Arbitration in Thailand guide for details.

Negotiated Settlement

Direct negotiation between parties or through lawyers often resolves disputes faster and cheaper than any formal process. Most cases settle before trial.

Small Claims Procedures

For claims under 300,000 THB, Kwaeng Courts offer simplified procedures with faster resolution and lower costs.