Navigating the Thai legal system can be intimidating for foreigners. The rules, procedures, and even the language may feel unfamiliar and complicated. Whether you are a business owner in a contractual dispute, an employee pursuing unpaid wages, or an investor seeking to recover debts, understanding the Thai court process is critical to protecting your rights.
At Lex Bangkok, we help foreign clients every day with litigation in Thailand. This article provides a clear step-by-step guide to court procedures in Thailand, common challenges for foreigners, and what you can expect at each stage.
Why Foreigners Struggle with Thai Litigation
Thailand has a civil law system, and most proceedings are conducted in Thai. For foreigners, three main challenges usually arise:
- Language Barriers – All filings and hearings are in Thai. Court interpreters may be available, but your lawyer must prepare and translate all documents.
- Legal Differences – Thailand’s legal system and procedures differ from common law systems such as the UK, US, or Australia.
- Cultural and Practical Issues – Court etiquette, timelines, and the importance of documentary evidence can surprise foreign litigants.
Understanding the process in advance helps reduce stress and increases your chances of success.
Step 1: Filing a Lawsuit
The case begins when the plaintiff files a complaint (plaint) at the relevant court.
- The complaint must be drafted in Thai and include the claim, facts, and legal grounds.
- Supporting evidence (contracts, invoices, correspondence) should be attached.
- The court reviews the complaint and issues a summons to the defendant.
Example: A foreign IT consultant files a lawsuit against a Thai company for unpaid service fees. Your lawyer prepares the complaint, attaches the signed service agreement, and files it with the Civil Court.
Step 2: Court Fees and Costs
Court fees are required when filing a case.
- Civil Cases: Filing fees are generally 2% of the claim amount, capped at THB 200,000.
- Criminal Cases: No filing fee if initiated by the public prosecutor. A private criminal case may involve additional costs.
- Translations: All foreign documents must be translated into Thai by a licensed translator.
- Lawyer’s Fees: Vary depending on complexity and duration of the case.
Example: If you sue for THB 1,000,000, the filing fee will be approximately THB 20,000. If your documents are in English, certified Thai translations will also be required.
Step 3: Summons and Defense
After the complaint is accepted, the court issues a summons to the defendant.
- The defendant has 15 days (longer if served abroad) to file a defense statement.
- Failure to respond may lead to a default judgment in favor of the plaintiff.
Example: A foreign employee files a wrongful dismissal claim. The Thai employer must submit a defense within the deadline, or risk losing automatically.
Step 4: Evidence and Hearings
The court schedules preliminary hearings to set the issues for trial.
- Documentary Evidence: Contracts, emails, payment receipts, and correspondence are vital.
- Witness Testimony: Witnesses may testify in person; interpreters can assist foreign witnesses.
- Expert Opinions: In technical disputes (e.g., construction, IT), expert reports may be admitted.
Example: In a debt recovery case, the plaintiff submits a loan agreement, bank statements, and email reminders. The defendant presents proof of partial payments to reduce liability.
Step 5: Trial and Judgment
Trials in Thailand are judge-led (no jury system).
- Hearings can be spread over several months.
- The judge reviews written evidence, hears witnesses, and questions both parties.
- After closing arguments, the judge issues a written judgment.
Example: In a commercial contract dispute, the judge rules that the defendant breached the agreement and orders repayment with interest.
Step 6: Appeals
If dissatisfied, either party can appeal.
- Court of Appeal: Reviews factual and legal issues.
- Supreme Court: Primarily reviews legal issues.
- Appeals must be filed within a set timeframe (usually 1 month).
Example: After losing in the Civil Court, a company appeals, arguing that the judge misinterpreted the contract. The case proceeds to the Court of Appeal.
Step 7: Enforcement of Judgment
Winning a case does not guarantee immediate payment.
- You must apply for enforcement through the Legal Execution Department.
- Measures include bank account garnishment, asset seizure, or forced property sale.
- Enforcement can take additional months.
Example: After winning a debt recovery case, your lawyer requests the Legal Execution Department to seize the debtor’s car and auction it to satisfy the judgment.
Practical Challenges for Foreigners
- Language: All hearings are in Thai; interpreters are needed.
- Timelines: Civil litigation can take 12–24 months (longer if appeals are filed).
- Costs: Court fees, translations, and lawyer’s fees can add up.
- Cultural Differences: Court etiquette is strict—standing when the judge enters, addressing the court respectfully, and maintaining formal dress.
- Enforcement: Even after winning, enforcement may be slow if assets are hidden.
Alternatives to Court
Before filing a lawsuit, consider whether negotiation, mediation, or arbitration may be more efficient.
- Mediation: Thai courts often encourage settlement through mediation before trial.
- Arbitration: Common in international contracts. Faster than courts but requires an arbitration clause.
- Settlement Agreements: A practical way to avoid lengthy trials.
Example: A foreign investor and a Thai business partner settle their dispute at a court-sponsored mediation session, avoiding trial.
FAQs – Thai Court Process for Foreigners
Q1: Can a foreigner sue in Thailand?
Yes. Foreign individuals and companies can sue or be sued in Thai courts. A licensed Thai lawyer must file the case.
Q2: How long does a Thai court case take?
Civil cases typically take 12–24 months in the first court. Appeals can extend this further.
Q3: Do I need to attend hearings in person?
In most cases, your lawyer can represent you. However, for witness testimony, you may need to appear (with an interpreter).
Q4: Can foreign judgments be enforced in Thailand?
Thailand does not directly enforce foreign judgments. You must file a new lawsuit in Thailand using the foreign judgment as evidence.
Q5: What if I lose the case?
You may appeal to higher courts within the legal deadline.
Why Work with Lex Bangkok
- Bilingual Legal Team: We prepare filings in Thai and keep clients fully updated in English.
- Litigation Specialists: Experienced in civil, commercial, labor, and debt recovery cases.
- Cross-Border Expertise: Assisting foreign individuals and businesses in Thailand.
- End-to-End Support: From case filing to enforcement of judgments.
If you are a foreigner facing litigation in Thailand, contact Lex Bangkok today. We’ll guide you step by step through the Thai court process, protecting your rights and interests.