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Statute of Limitations in Thailand: Prescription Periods Every Business Must Know

Q: Can the prescription period be extended or restarted?

Yes. Under Section 193/14, a debtor's written acknowledgment of the debt, a partial payment, or the filing of a lawsuit interrupts prescription and restarts the clock.

The statute of limitations in Thailand decides whether you can still go to court. Under Thai law, every civil claim carries a deadline. Miss it, and a valid debt or contract can become impossible to enforce. For foreign businesses, this matters more than most realize, because Thailand’s prescription periods are often shorter than those back home. This guide explains the key limitation periods, when the clock starts, how it can be paused, and the practical steps that protect your right to sue.

What the Statute of Limitations in Thailand Means

In Thailand, the statute of limitations is known as the “prescription period.” It is set mainly by the Civil and Commercial Code (CCC). When the period expires, the law does not erase the underlying debt. Instead, it removes your ability to enforce the claim through the courts.

This distinction carries real consequences. Once prescription runs out, the obligation becomes what lawyers call a “natural obligation.” Your debtor can still pay voluntarily, and if they do, they cannot later demand the money back. However, you lose the power to compel payment. Therefore, the deadline is effectively a hard wall for any claimant who wants to litigate. The governing rules sit in Book I of the Civil and Commercial Code, published by the Office of the Council of State.

Key Takeaway: Prescription in Thailand bars your remedy, not the debt itself. After the period lapses, you cannot sue to recover the money, even though the obligation technically survives. Acting before the deadline is the only reliable way to keep your claim alive.

Key Prescription Periods Under Thai Law

Thai law does not apply a single deadline to every dispute. Instead, the Civil and Commercial Code assigns different periods to different types of claims. The table below summarizes the most common prescription periods that foreign businesses and investors encounter.

Type of claim	Prescription period	Main legal basis
General claims with no specific period (most contract claims)	10 years	Section 193/30
Interest arrears, instalment payments, rent, salaries and other periodic payments	5 years	Section 193/33
Claims by merchants, manufacturers and artisans for goods supplied or work performed	2 years	Section 193/34
Wrongful act (tort) claims	1 year from knowledge, or 10 years from the act	Section 448
Hidden defects in a sale of goods	1 year from discovery	Section 474
Claims on a promissory note against the maker	3 years from maturity	Section 1002
A holder’s claim on a cheque against the drawer	1 year	Section 1002

The two-year rule under Section 193/34 often surprises foreign suppliers. Many assume they enjoy the general ten-year window, yet routine claims for delivered goods or completed services frequently fall into the shorter category. As a result, an unpaid invoice can become unenforceable far sooner than expected.

Key Takeaway: Do not assume the ten-year period applies. Trade claims for goods and services are usually limited to two years, and tort claims often expire within just one year of discovery. Identify the correct prescription period early, before the deadline quietly passes.

When Does the Clock Start?

Knowing the length of a period is only half the picture. You also need to know when it begins. Under Section 193/12 of the Civil and Commercial Code, prescription starts from the moment the claim can first be enforced. In practice, that is usually the date payment becomes due or the date a contractual obligation is breached.

Tort claims follow a different trigger. For a wrongful act under Section 448, the one-year period runs from the day the injured party learns both of the damage and of the person responsible. Even so, an absolute ceiling of ten years from the date of the act always applies. Consequently, a claimant cannot delay indefinitely simply by claiming late discovery.

Because the starting point shifts depending on the claim, careful dating of every invoice, contract, and incident is essential. When the trigger date is unclear, a Thai litigation lawyer can review the facts and pinpoint the deadline before it expires.

How the Limitation Period Can Be Interrupted or Paused

The clock does not always run uninterrupted. Section 193/14 of the Civil and Commercial Code lists several events that interrupt prescription and reset the period to zero. The most important ones for businesses include:

The debtor acknowledges the debt, for example through a written confirmation, partial payment, or a request for more time.
The creditor files a lawsuit or submits the claim in a bankruptcy or similar proceeding.
The creditor refers the dispute to arbitration.
The debtor provides security or otherwise admits the obligation.

When an interruption occurs, the entire period begins afresh from that point. This rule gives creditors a practical tool. For instance, securing a signed acknowledgment of debt before the deadline can buy valuable time. In addition, Section 193/35 allows a fresh period to begin where a debtor acknowledges the debt in writing after prescription has already lapsed.

Key Takeaway: A written acknowledgment or a part payment from the debtor restarts the prescription clock. Used strategically, these tools can extend a deadline that would otherwise expire and protect your ability to litigate.

Why the Statute of Limitations in Thailand Matters for Foreign Businesses

One feature of Thai procedure deserves special attention. Under Section 193/29, a Thai court will not dismiss a case on prescription grounds by its own initiative. The defendant must actively raise the expired deadline as a defense. Therefore, a time-barred claim can still succeed if the opposing party fails to plead prescription correctly.

In practice, however, experienced Thai defendants almost always raise the defense. Foreign claimants should never rely on an oversight. Instead, they should treat the prescription period as a firm operational deadline and build their dispute strategy around it.

The commercial stakes are significant. A supplier who waits too long to chase an unpaid invoice may lose the legal right to recover it. Likewise, an investor who delays a tort or breach claim can watch a strong case evaporate. For these reasons, prompt legal review is not a formality but a core part of risk management in Thailand. Claims that proceed to trial are handled through the Courts of Justice, where the prescription defense is routinely tested.

Key Takeaway: Thai courts do not enforce the statute of limitations in Thailand automatically, but seasoned opponents will. Diarize every deadline, and seek advice early rather than waiting until a dispute escalates.

Practical Steps to Protect Your Claim

A few disciplined habits dramatically reduce the risk of a time-barred claim. Foreign businesses operating in Thailand should consider the following:

Map your deadlines. Record the prescription period for each contract, invoice, and potential dispute as soon as it arises.
Act on overdue accounts quickly. Send a formal demand letter and pursue debt recovery well before the two-year or ten-year window narrows.
Capture acknowledgments. Where possible, obtain written confirmation or a part payment from the debtor to interrupt prescription.
Preserve evidence. Keep dated contracts, delivery records, and correspondence that fix the start of each limitation period.
Get advice early. Engage a litigation team to confirm the deadline and prepare the claim before it lapses.

For a broader view of how claims move through the Thai courts, our guide on Thailand court procedures for foreigners explains each stage. If the dispute involves an unpaid account, our overview of commercial debt recovery in Thailand sets out the available strategies. You can also explore our full litigation and dispute resolution services for tailored support.

Frequently Asked Questions

What is the general statute of limitations in Thailand?

Where the law sets no specific period, the default prescription period is ten years under Section 193/30 of the Civil and Commercial Code. This general rule covers most ordinary contract claims. However, many common commercial claims carry shorter periods, so you should always confirm the correct deadline for your specific situation.

How long do I have to sue for an unpaid invoice in Thailand?

Claims by merchants, manufacturers, and service providers for goods supplied or work performed are generally limited to two years under Section 193/34. Many foreign suppliers wrongly assume the ten-year period applies. To avoid losing the right to sue, pursue overdue accounts promptly and seek advice as the deadline approaches.

What is the limitation period for a tort or personal injury claim?

A wrongful act claim under Section 448 must be brought within one year from the day the injured party learns of both the harm and the person responsible. An absolute limit of ten years from the date of the act also applies. If the act is also a criminal offense with a longer period, that longer period may govern.

Can the prescription period be extended or restarted?

Yes. Under Section 193/14, events such as a debtor’s written acknowledgment of the debt, a partial payment, or the filing of a lawsuit interrupt prescription and restart the clock. A written acknowledgment can therefore be a valuable tool for creditors who need more time before litigating.

Will a Thai court dismiss a claim automatically if the deadline has passed?

No. Under Section 193/29, a Thai court will not raise prescription on its own. The defendant must plead the expired deadline as a defense. In practice, though, most defendants do raise it, so claimants should never rely on the other side overlooking the limitation period.

Limitation periods run whether or not you know a claim exists. Learn how to check your Thailand court case status in real time.

Facing a Deadline on a Thai Claim?

Missing a prescription period can cost you the right to recover what you are owed. Lex Bangkok advises international clients, expats, and foreign investors on disputes across Thailand, confirming deadlines and building strong, timely cases. Speak with our litigation team before the clock runs out.

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