Civil and commercial litigation

Most civil disputes are not decided by who is right but by who can prove it. Work here therefore begins with the documents that actually exist, and the case is built from what they can establish.

What this covers

An assessment of the case and its prospects before any decision to sue
Drafting of plaints, defences and applications of every kind
Advocacy at first instance, on appeal, and before the Supreme Court
Settlement negotiation where that is the better route

Recovering a debt through the Thai courts

The points that decide a claim for money owed, from the evidence behind it to the judgment and what follows.

Proof comes before the merits

Most civil disputes are decided not by who is right but by who can prove it. Before anything is filed, the documents that actually exist, such as the contract, invoices, delivery notes, transfer slips and messages, are read against what the law requires the claim to show, and the case is built from what they can establish.

Loans: written evidence signed by the borrower

Section 653 of the Civil and Commercial Code provides that a loan of more than two thousand baht cannot be sued on unless there is some written evidence of the loan signed by the borrower. The law asks for written evidence, not a formal loan agreement, and whether chat messages can serve depends on whether they show that a loan was made, identify the borrower and carry a signature in the sense the law recognises. The same section works the other way for the borrower: where the loan is evidenced in writing, repayment can be proved only by writing signed by the lender, or by the loan document having been returned or cancelled. See lending money and not getting it back and One chat, two transfers, one recovered.

Interest above fifteen per cent

Section 654 forbids interest above fifteen per cent a year on loans between ordinary persons; financial institutions are governed by separate legislation. Where a contract fixes a higher rate, the Supreme Court holds the interest term void altogether rather than reduced to fifteen, while the principal remains recoverable. See Excess interest is not reduced, it is void.

The time limit depends on the kind of debt

There is no single limitation period. Where no specific period applies, section 193/30 sets ten years, which is the position for an ordinary loan. A trader's claim for the price of goods delivered or work done is two years under section 193/34(1), unless it was for the debtor's own business. A claim on a dishonoured cheque against the drawer or an endorser must be brought within one year under section 1002, counted from the date entered in the protest or, where no protest is required, from maturity. Instalments, part payment or an acknowledgment of the debt can change the reckoning, so a claim that looks out of time is worth checking before it is given up. See breach of sale, a dishonoured cheque: the year you have to sue and Acknowledged after expiry, two years left.

Sureties: the creditor's sixty-day notice

Where a debt is guaranteed, section 686 requires the creditor to notify the surety in writing within sixty days of the debtor's default, and the creditor may not demand payment from the surety before that notice reaches them. Missing the sixty days does not release the surety from the debt itself. It releases the surety from interest, damages and ancillary charges arising after the period ends. See standing surety: the creditor's sixty-day notice and Missing the sixty days frees only part.

If you are the one being sued

Under section 177 of the Civil Procedure Code, a defendant must file a written defence within fifteen days of service of the summons and plaint, stating clearly which allegations are admitted or denied, in whole or in part, and on what grounds. A bare denial is not enough. A counterclaim can be brought in the same defence where it is connected with the original claim. See sued: fifteen days to file a defence.

After the judgment

Judgment and enforcement are separate stages. Where the judgment debtor does not comply, the judgment creditor has ten years from the date of the judgment to seek execution, and once the court has issued a writ of execution, the debtor's assets can be traced, seized and attached. The firm can be instructed for the case alone, or for enforcement as well, as agreed. See enforcing a Thai court judgment.

The matters this covers

Each has its own page setting out what the statute requires and what to prepare.

The legislation

Civil and Commercial Code
Civil Procedure Code

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