Litigation & legal advisory
Civil Litigation Thailand: Before You Sue or Defend
Before bringing a Thai civil claim, check the legal ground, limitation period, court jurisdiction, evidence and realistic recovery options—not only the amount claimed. If you have received court papers, preserve the receipt date and check procedural deadlines immediately; negotiations do not automatically postpone them. Assessment, negotiation, litigation and enforcement should have separately agreed scope and costs before engagement.
What to check before filing or defending a claim
| Situation | Evidence to collect | Review needed |
|---|---|---|
| You have received court papers | Keep the summons, envelope, receipt date and attached claim | Check the hearing and defence deadlines immediately; do not wait for negotiations |
| A counterparty has not paid | Contract, delivery proof, unpaid balance and each due date | Review the claim, limitation and notice requirements before demanding payment or filing |
| You want pre-filing mediation | Realistic proposals, payment conditions and correspondence | Check consent and the statutory limitation consequences; negotiations alone do not stop time |
| You have a judgment but no payment | Judgment, appeal status, payments and lawfully obtained asset information | Treat enforcement as separate work; check enforceability and attachable assets |
Preserve evidence without losing context
- Keep original files and complete message threads with dates and senders, not only cropped screenshots.
- Separate facts from assumptions; record due dates, notices, service of court papers and payments.
- Provide copies for initial assessment, retain originals and confirm the channel for sensitive personal information.
- Check conflicts and engagement scope before disclosing sensitive details. Never send passwords or OTPs.
Official resources and scope of guidance
- Council of State — Civil and Commercial Code and Civil Procedure Code
- Court of Justice — mediation information
- Legal Execution Department — civil enforcement information
Content updated 8 October 2026 · General information, not case-specific legal advice. An enquiry is not an accepted engagement. Neither the outcome nor recovery of money is guaranteed.
Work we accept
- Claims and defences for breach of sale, works, agency and service contracts
- Debt recovery on loans, bills of exchange, cheques and current accounts, including pre-litigation demand
- Tort and damages claims: accidents, property damage, reputational harm
- Land disputes: boundaries, servitudes, adverse possession, revocation of juristic acts
- Lease and hire-purchase disputes, acting for landlords or tenants
- Provisional measures, pre-judgment attachment and post-judgment execution
- Court-annexed mediation and settlement (compromise) agreements
What we do not do
- Accepting an engagement without checking conflicts, parties and the agreed scope
- Guarantees of case outcome or fixed percentage win predictions
- Debt collection by any method inconsistent with the Debt Collection Act
Documents to prepare
- Contracts, purchase orders, delivery notes, invoices and payment records
- Correspondence: letters, e-mail, LINE or messages relating to the dispute
- ID card or passport, and a current company affidavit for corporate parties
- Title deed, lease or right-of-possession documents for land and lease cases
- Power of attorney where the signatory is not the authorised representative
- Court papers, envelope and receipt date, or the judgment and case status if available
- Foreign-language originals and any existing translations; check the court's requirements for the particular document rather than notarising everything by default
How the matter proceeds
1.Case and limitation assessment
The attorney reviews the documents, identifies the cause of action, the applicable limitation period and the competent court, and points out gaps in the evidence.
2.Demand letter and negotiation
Check payment and termination notice requirements, retain proof of delivery, and compare negotiation with pre-filing mediation. Do not assume a demand letter stops the limitation clock.
3.Filing the claim or defence
Check jurisdiction, case category, deadlines and facts before drafting a claim or defence. Assess court fees under the applicable law and relief sought, separately from attorney fees and other disbursements.
4.Mediation, issue settlement and hearings
Prepare issues, witness lists and originals as directed by the court. Confirm when a party or witness must attend. If settlement is possible, check its legal form and default consequences before signing.
5.Judgment, appeal and enforcement
Review the judgment, appeal rights and deadlines, and their effect on enforceability. If payment is not made, assess execution steps and lawfully obtained asset information. Winning does not establish that the debtor has enough recoverable assets.
Courts and authorities involved
- Civil Court and the Bangkok South, Phra Khanong, Min Buri and Taling Chan Civil Courts
- Provincial or Kwaeng courts according to jurisdiction, category, claim value and the facts concerning domicile or cause of action
- Specialised courts where the statute assigns jurisdiction; a foreign party alone does not make every dispute an international trade case
Before you decide
- Limitation depends on the claim and its starting date. Demand letters and negotiations do not automatically interrupt prescription.
- If served, check the receipt date, hearing date and defence deadline immediately; there is no single deadline for every case category.
- Court fees depend on the relief, value and applicable law; distinguish attorney, translation and enforcement costs.
- Chat and e-mail messages cut both ways as evidence; do not delete them and do not acknowledge a debt before advice.
- Winning is not the same as being paid. If the debtor holds no assets, asset tracing must be planned from the start.
Frequently asked questions
How are civil litigation fees calculated?
We assess the documents and the amount in dispute, then quote our service fee in writing before work starts. Court fees and disbursements are separate items paid directly to the court or agency.
How long do I have to file?
Check each claim, its starting date and events that may affect prescription; do not apply ten years to every dispute. Provide the contract, due dates, payments, acknowledgments and correspondence. If a deadline is close, do not rely on negotiations alone.
Must I attend every hearing?
Check the court's directions and the purpose of each hearing. Counsel may handle some appearances but cannot replace a witness's evidence. Remote participation depends on court permission; a power of attorney does not remove every attendance requirement.
Can I sue a party living abroad?
Review Thai jurisdiction, forum or arbitration clauses, service abroad and enforcement options. A foreign party does not automatically establish Thai jurisdiction. Provide full names, addresses, corporate status and the complete contract before assessment.
Is mediation better than filing?
It depends on consent, proposals, evidence and limitation urgency. Private negotiation, statutory pre-filing mediation and mediation in a filed case have different procedures and legal effects. Not every settlement permits immediate execution; check its form and default remedies.
Can I sue on a verbal agreement?
Separate contractual validity from statutory form, evidence and enforceability requirements. Some transactions require writing or a prescribed form; a transfer slip alone does not make every agreement actionable. Keep complete messages, payment records and witness details for review.
How long will the case take?
It depends on the court, the volume of evidence and any appeal, so no fixed period can be promised. We report the timetable from the court's actual hearing dates at each stage.
Do documents need certification before use in court?
Not every foreign document needs the same notary-and-embassy chain. Check its type, signatory, purpose, Thai translation and court or recipient requirements. Powers of attorney and ordinary documentary evidence may require different forms; confirm before paying for certification.
Related services
Other practice areas
Next step
Send the documents you hold with a short chronology. The responsible attorney will assess the case, the limitation period and the realistic options, then quote in writing before work begins. We do not guarantee outcomes.
Contact the office