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	Jurisdiction
Civil Court	Civil matters in Bangkok with value over 300,000 THB
Provincial Courts	Civil and criminal cases in provinces
Kwaeng Courts	Small claims under 300,000 THB in Bangkok; minor criminal
IP&IT Court	Intellectual property and international trade disputes
Labor Court	Employment and labor disputes
Tax Court	Tax assessment and revenue disputes
Bankruptcy Court	Insolvency, bankruptcy, and reorganization

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.

Key Difference: Civil Law vs. Common Law

In Thailand's civil law system:

No jury trials: Judges decide both facts and law
Written procedure emphasis: More weight on documents than oral testimony
Inquisitorial elements: Judges can actively investigate and question witnesses
Precedent is persuasive, not binding: Prior judgments guide but do not bind courts
Codified law: Statutes and codes are the primary legal sources

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

Forum Selection Clauses

Many commercial contracts contain forum selection clauses specifying which court or jurisdiction will handle disputes. Thai courts generally respect these clauses if properly drafted. However, some matters (like Thai real estate disputes) cannot be contracted away from Thai court jurisdiction. Always review dispute resolution clauses carefully before signing contracts.

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

Type of Claim	Limitation Period	Reference
General contract claims	10 years	CCC Section 193/30
Tort (negligence, wrongful act)	1 year from knowledge; 10 years from act	CCC Section 448
Sale of goods (defects)	1 year	CCC Section 474
Employment wages	2 years	CCC Section 193/34
Professional services	2 years	CCC Section 193/34
Insurance claims	2 years	CCC Section 882
Cheque/bill of exchange	1 year from due date	CCC Section 1002
Land ownership claims	10 years	CCC Section 1382

Limitation Periods Are Strictly Enforced

Thai courts will dismiss claims filed after the limitation period expires. Unlike some jurisdictions, there is limited discretion to extend deadlines. If you believe you may have a claim, seek legal advice promptly to understand your timeline. Waiting can be fatal to your case.

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.

Typical Timeline

Civil litigation in Thailand is slow by international standards:

Simple cases: 2-3 years at first instance
Complex cases: 3-5 years at first instance
With appeals: Add 1-3 years per appeal level
Execution of judgment: Additional months to years

Legal Fees and Court Costs

Court Filing Fees

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

Claim Amount (THB)	Filing Fee
Up to 50,000,000	2% of amount claimed
50,000,001 - 200,000,000	1,000,000 + 0.1% of excess
Over 200,000,000	Capped at 1,150,000 THB

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

Cost Recovery Is Limited

Unlike some jurisdictions, Thailand does not follow a "loser pays" rule for full legal costs. Courts may award limited costs to the winning party, but these typically cover only a fraction of actual legal expenses. Budget for paying your own legal fees regardless of outcome.

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

Red Flags When Choosing a Lawyer

Guarantees of winning (no ethical lawyer guarantees outcomes)
Unclear fee structures or reluctance to provide written estimates
Pressure to pay large retainers immediately
Poor communication or difficulty reaching them
No verifiable credentials with the Lawyers Council

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

Practical Reality Check

Before committing to litigation, honestly assess:

Does the defendant have assets to satisfy a judgment?
Can you afford the legal costs and wait years for resolution?
Is the stress and time investment worth the potential recovery?
Have you explored all settlement and alternative dispute resolution options?

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.