This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Civil Procedure Code of Thailand
Civil Procedure Code of Thailand
The information is reviewed and updated monthly against official sources.
In short
Thailand's civil lawsuit rulebook: where to sue, deadlines, evidence, appeals and collecting a judgment, including against real estate.
Jurisdiction and venue (Section 4 and following): Which court hears the case
As a general rule a civil action is filed with the court in whose territorial area the defendant is domiciled, or with the court where the cause of action arose (Section 4). Where the dispute concerns immovable property or a right over it (for example a land, ownership or lease dispute), the action must be brought before the court where the property is situated (Section 4 ter). If the defendant is not domiciled in Thailand and no cause of action arose here, the case may generally be filed at the court of the plaintiff's domicile or at the Civil Court in Bangkok (Section 4 tre). Choosing the correct venue matters, because a case filed in the wrong court can be dismissed or transferred.
The plaint (Section 172): Starting the lawsuit: the plaint
A civil case is begun by filing a written plaint with a court of first instance. The plaint must clearly state the nature of the plaintiff's claim, the relief or enforcement sought, and the allegations of fact on which the claim is based (Section 172). The court issues a summons and the plaint is served on the defendant. A vague or incomplete plaint may be ordered corrected or rejected, so the claim and the remedy (for example a sum of money, delivery of property, or rescission of a contract) should be set out precisely.
The answer (Section 177): The defendant's answer and counterclaim
After being served with the summons and plaint, the defendant must file a written answer with the court, in principle within fifteen days (Section 177). The answer must state clearly whether the defendant admits or denies each of the plaintiff's allegations, in whole or in part, and the reasons for any denial. In the same answer the defendant may raise a counterclaim against the plaintiff arising from the same matter. The fifteen-day period can be extended by the court for good cause, but a defendant who files nothing risks a judgment in default.
Evidence (Book on Evidence): Proving the case: burden and evidence
The Code's rules on evidence govern how the disputed facts are proved. As a general principle the party who asserts a fact bears the burden of proving it. Each side must, before trial, submit a list of its evidence within the time fixed by the Code so the other side is not taken by surprise, and may present witnesses, documents and expert or physical evidence. For certain transactions Thai law requires documentary proof, and oral evidence may not be admitted to contradict or vary the content of a required document. Documents in a foreign language generally must be accompanied by a certified Thai translation.
Judgment: Judgment of the court of first instance
After the trial the court delivers a judgment that decides the issues raised by the parties and may not grant more than, or different relief from, what was claimed in the plaint and answer. The judgment states the reasons of fact and law and the relief awarded, such as payment of a sum of money, transfer of property, or an order to perform or refrain from an act. The judgment normally also deals with court costs. A judgment becomes final and enforceable once the time to appeal has passed without an appeal, or once the appellate courts have decided.
Appeal to the Court of Appeal (Section 223 and following): Appeal to the Court of Appeal
A party dissatisfied with a judgment or order of the court of first instance may appeal to the Court of Appeal. The appeal is made in writing and filed with the court of first instance that gave the decision, in principle within one month from the date the judgment or order is read (Section 229 and related sections). Appeals are limited in small-value cases and on certain factual questions, where the Code restricts appeals on questions of fact below a set monetary threshold. Filing an appeal does not by itself stop enforcement of the judgment; a party who wants to suspend execution must apply for a stay and may be required to provide security.
Appeal to the Supreme Court (Section 247): Further appeal to the Supreme (Dika) Court
A further appeal from the Court of Appeal lies to the Supreme Court (Dika Court), but since the 2015 reform it requires the leave (permission) of the Supreme Court. The party must petition for permission, in principle within one month from the reading of the Court of Appeal's judgment (Section 247 and following). Permission is granted only for cases that raise an important question of law, involve conflicting judicial interpretations, concern the public interest, or where refusing review would cause clear injustice. The Supreme Court is therefore not a routine third hearing but a selective court for significant or unsettled questions.
Execution against property (Section 271 and following): Enforcing the judgment against property
If the losing party does not comply voluntarily, the judgment creditor enforces the judgment through the court and the Legal Execution Department of the Ministry of Justice. The creditor must initiate execution within ten years from the date of the judgment or order, and missing this strict period extinguishes the right to enforce (Section 271). Enforcement of a money judgment is carried out by seizing and attaching the debtor's property, including bank accounts and immovable property such as land or a condominium, which is then sold by public auction and the proceeds distributed to satisfy the judgment. Certain assets needed for basic living are exempt from seizure, and third parties or other creditors may assert competing claims to the seized property.