How To File A Lawsuit In Thailand

The Thai Civil and Commercial Code allows civil legal action by one person or entity (the plaintiff) against another person or entity (the defendant), to be ruled on in certain courts. Thailand follows global legal norms, so the process of filing a lawsuit in Thailand is similar to those found in most other countries. However, filing a lawsuit as a foreigner in Thailand requires special considerations. There are several steps you should take before and after deciding to take legal action to give yourself the best chance of a favorable outcome.

In this article, we’ll discuss what a lawsuit in Thailand embodies, things to consider before taking legal action, and the requirements you need to fulfill to properly file one to Thai court.

What is a Lawsuit?

A lawsuit is a claim or dispute between two parties brought to a court of law, rather than to the police. It comprises a clear setting of the claim, the relief sought, and the allegations against the to-be-defendant.

Challenges and Drawbacks of a Lawsuit

As beneficial as winning a lawsuit may be for you, there are a few things to consider before filing, such as:

• Costs and case uncertainty: 
  Though you may be able to maximize your compensation in court for damages and losses and cover all the upfront costs and expenses leading to the case’s success, there is still an imposed risk of losing the lawsuit, getting no compensation, paying your lawyer and legal fees out of pocket, and having to pay the defense’s fees as well.
• Time and emotional difficulty:

The process of filing a lawsuit and facing the challenges that come with doing so can be time-consuming and may take months to years to reach a settlement. This could lead to stress and take an emotional toll on your well-being that does not justify what you would gain with success. 

Requirements for a Lawsuit

As the plaintiff, your case must have a substantial amount of evidence and, under Thai law, it must be brought to the court where the cause of the action arises or where the defendant resides. Depending on the kind of lawsuit, the court it will be filed to will vary and so will the statute of limitations.

For example, a personal injury claim must be filed within 1 year from the day when the injured person has knowledge about the wrongful act and the perpetrator, or within 10 years from the day when the wrongful act was committed.

An important thing to note is that all documents submitted to a Thai court must be in the Thai language and foreign documents must be originals or certified copies and presented alongside certified translations. Some documents may need to be notarized and authenticated by a Thai consul before being presented in court. 

Other requirements to file a lawsuit in Thailand as a foreigner include:

• Have a standing: 
  You must be directly affected by the legal dispute you are suing about. If you are unsure whether or not you have a standing to sue, it is advised that you consult with a lawyer.
• Be a natural person or legal entity: 
  You must be one of the following legal entities:
  • Natural person: A legal entity that could be a person or any number of persons on either side of the lawsuit.
  • Corporation: A legal entity that is seen as a single entity identified as one for the purposes of the law.

The government may be seen as a private party in a lawsuit and business partnerships, non-profit organizations, and groups of citizens can be seen as parties if the court accepts that the group represents 1 side of the dispute. Thousands and even millions of persons can also be seen as parties in a class action lawsuit if the plaintiffs have convinced the court that their interests are similar in the subject matter of the lawsuit.

• Have legal capacity: 
  You must have the right and ability to enter into binding agreements or make legal decisions. If you have a “legal disability,” you can file lawsuits through a legal representative such as a parent, guardian, trustee, or executor. Below are a few examples of legal disability:
  • Individuals who are aged 19 or under (for civil cases).
  • Individuals who are unable to make informed decisions for themselves due to medical or mental health conditions.
  • Individuals who are serving time in prison.

Litigation Process

Once you’ve decided to take legal action, retained legal counsel, and confirmed your eligibility to file a lawsuit, the litigation process can begin. The following is a general overview of the process of filing and litigating a lawsuit in Thailand:

• Pre-filing investigation:
  This stage of litigation involves investigating the facts and laws relevant to the case, interviewing witnesses, and consulting with legal experts.
• Filing the lawsuit:
  The plaintiff files a lawsuit to the appropriate court with outlines of the claim, the relief sought, and allegations.
• Defendant’s response:
  The defendant has a set time to file a response to the complaint that may involve admitting or denying the allegations, raising counterclaims, and asserting legal defenses.
• Discovery:
  The plaintiff and defendant engage in a formal exchange of information relevant to the case. This includes interviewing witnesses under oath, interrogatories, and demands for documents or evidence.
• Pre-trial motions:
  Lawyers may address issues such as admissibility of evidence, requests for summary judgment, or the need for expert testimony by filing motions with the court.
• Trial:
  If the case has not yet been settled, a trial will follow where both the plaintiff and defendant will present evidence, call witnesses, and argue their cases before a judge.
• Judgment:
  The court will issue a judgment based on the evidence and law, which will determine the outcome of the case.
• Appeals: 
  The losing party of the case may appeal the judgment to a higher court.

Reasons to Hire a Lawyer

You do not need a lawyer to file a lawsuit as a foreigner in Thailand, but there are pitfalls and things to consider when doing so on your own. To avoid these issues, here are a few reasons to hire a lawyer:

• Early settlement:

Some cases can be resolved before having to be taken to court. A lawyer will help you assess the damages, draft a demand letter to the party at fault, and act on your behalf to gain a fair settlement, saving you from any extra and unnecessary expenses. 

• Gather evidence: 
  A case requires evidence to be filed to court. Lawyers will help you gather this evidence such as photographs, videos, or notes of the scene and witness statements where necessary. 
• File to the correct court:
  The case may be complicated and involve numerous offenses. To save time and effort, lawyers will help you file your lawsuit to the correct court, as the Thai judiciary has a 3-tier system with various kinds of courts (Civil Courts, Criminal Courts, and specialized courts).
• Understand court proceedings:
  As all presented documents and court proceedings will be in the Thai language, a lawyer will be able to help you understand the implications of each court proceeding and properly fight for your rights on your behalf, giving you a fair advantage in a country that is not your own.
• Fair representation:

It will be a disadvantage if you are up against a lawyer representing the defendant without one of your own. For this reason, having a lawyer on your side to represent you will level the playing field and increase your chances of a favorable outcome in court.

Hiring a Lawyer

From the moment you seek the aid of a lawyer with extensive knowledge and experience in Thai criminal and civil law, you will be granted peace of mind knowing that you are not alone in this tough time, as your lawyer will handle all the complications and challenges that come before and after filing a lawsuit.

However, a good lawyer will put your best interests first and help you reach a settlement before taking the case to court. They will draft a demand letter, negotiate on your behalf, and ensure that there is fairness throughout the process. 

Should the case go to court, they will help you gather the evidence and promptly and correctly present it, avoiding any deadlines that could result in its dismissal along the way.