How to File a Civil Lawsuit in a Thai Court (คำฟ้อง): A Step-by-Step Guide for Foreigners

Short Answer

A civil lawsuit in Thailand begins with filing a written statement of claim (Thai: คำฟ้อง, kham fong) with the court at the defendant's place of residence or the place where the obligation arose. A foreigner has the same right to litigate as a Thai national, but proceedings are conducted in the Thai language, so in practice you cannot manage without a licensed Thai lawyer (thanai khwam). One important point to keep in mind: winning a case and actually recovering money are two separate stages, and it is worth assessing in advance whether the defendant has assets available for enforcement.

Which Court - and Why It Matters

The Thai court system divides cases by the amount in dispute and by subject matter, and that determines where you must file.

• Courts of First Instance of General Jurisdiction (Civil Court / Provincial Court). Most property, contract and tort disputes are heard here, ordinarily at the defendant's location or the place of performance of the obligation.
• Kwaeng Court (small-claims court / simplified procedure). An expedited and less expensive process applies to smaller amounts. This is convenient when the dispute is straightforward: an unreturned deposit, a minor debt, or a routine conflict with a landlord.
• Specialised Courts. Family and inheritance matters, labour disputes, and intellectual property and international trade cases are heard in separate courts with their own rules.

A mistake regarding jurisdiction wastes time: the court may return the claim or transfer the case. Identifying the correct court is therefore the first question you discuss with your lawyer.

The Statement of Claim (คำฟ้อง) and What It Must Contain

A kham fong is a formalised document that initiates the proceedings. The Thai Civil Procedure Code requires the statement to set out clearly:

• the identities of the claimant and the defendant (full particulars; for a foreigner, passport details and address);
• the nature of the claim and the facts on which it is based (what happened, when, and which obligations were breached);
• the specific relief sought (recovery of a sum, termination of a contract, an order to do something);
• the value of the claim, on which the fee is calculated.

Supporting evidence is attached to the statement: contracts, correspondence, receipts, bank statements, photographs. Documents in Russian or English generally need to be translated into Thai and are often required to be certified. The more carefully the package is prepared from the outset, the lower the risk that the court will ask for revisions.

This website has a document builder that generates a bilingual (Russian-Thai) draft statement of claim: it organises your facts and requests in the format familiar to Thai courts so that a licensed lawyer can review and finalise the text before filing. It is not a substitute for a lawyer, but a way to save time and money.

Fees, Lawyers and Timelines

Filing a claim is subject to a fee. The court fee is generally calculated as a percentage of the claim value up to a prescribed ceiling, while non-monetary claims carry a fixed charge. You should also budget for translation costs, certification fees, and lawyer's fees.

On timelines: different claims carry different limitation periods, running from the moment you became aware of the breach. Delay is risky: if the period has expired, the defendant will raise it and the court will dismiss the claim even if you are substantively in the right. It is therefore advisable, at the first signs of a dispute, to record the date immediately and seek legal advice.

The duration of proceedings in Thailand is measured in months, sometimes years, not weeks: after filing, the court schedules hearings, the parties exchange evidence, and witnesses are examined. Actual timelines depend on the court's caseload and the complexity of the matter, so no one can honestly give you a specific figure in advance.

Judgment, Appeal and Enforcement

The court of first instance issues a written judgment. The losing party generally has the right to appeal to the Court of Appeal, and in some cases the matter may reach the Supreme Court (Dika Court). Each level means additional time and expense, and not every case is admitted to the highest instance.

The most important and most frequently underestimated point: a judgment in your favour does not mean that money will automatically appear in your account. If the defendant does not pay voluntarily, a separate enforcement stage begins through the Legal Execution Department: seizure and sale of assets, and attachment of bank accounts. If the debtor has no assets in Thailand, or has already transferred them out, enforcing the judgment will be difficult. For this reason, an experienced lawyer will assess the defendant's solvency before the claim is even filed, and will sometimes ask the court in advance to impose interim measures freezing assets so that the debtor cannot conceal them.

What to Do

• Gather evidence as early as possible. Contracts, correspondence, receipts, acknowledgements of debt, screenshots - anything that supports your account. Do not delete chats or emails.
• Check the limitation period for your type of claim and do not delay in seeking advice.
• Find a licensed Thai lawyer and discuss jurisdiction, the value of the claim, and the realistic prospects of actual recovery - not just whether you are technically in the right.
• Assess the defendant's solvency in advance and ask your lawyer about interim measures to freeze assets.
• Prepare a draft claim using the document builder on this website to obtain a structured bilingual text for the lawyer to review, and budget for the court fee, translations and certification.
• Be prepared for a lengthy process and keep an interpreter on hand at key stages, since hearings are conducted in Thai.