Civil courts and procedure, step by step

Most disputes that reach a Thai court — unpaid debts, broken contracts, land arguments, divorce — follow the same broad path. Knowing the path makes the process far less mysterious.

1. Complaint and filing

Your lawyer drafts a complaint in Thai and files it at the court with jurisdiction — usually where the defendant lives or where the cause of action arose. Money claims pay a court fee calculated from the amount claimed (a small percentage, capped). Small claims and many consumer matters use simplified, cheaper procedures.

2. Service and the answer

The court arranges service of the complaint. The defendant files a written answer within a short statutory window; missing it can lead to a default judgment.

3. Mediation — expect it

Thai courts push settlement seriously. Most civil cases go through court-annexed mediation before trial, and a large share settle there. A settlement recorded by the court is enforceable like a judgment.

4. Issues and witness hearings

If no settlement, the court frames the issues and schedules witness hearings. Evidence is mostly documentary plus witness examination before the judges — there is no jury and no US-style discovery. Hearings are often spaced weeks apart rather than run as one continuous trial.

5. Judgment

The court issues a written judgment in Thai. If you win a money judgment and the loser does not pay, enforcement goes through the Legal Execution Department — seizure and auction of assets, or garnishment. Winning is only half the job; collecting is the other half, so ask early whether the defendant has assets.

6. Appeal

Appeal windows are short — commonly one month from judgment — and further appeal to the Supreme Court is restricted and usually needs permission. Diarise deadlines the day judgment is read.

Practical notes

• Everything happens in Thai; budget for certified translations of key documents (see documents guide).
• A contested case commonly takes a year or more at first instance.
• Interim measures (freezing orders, injunctions) exist but need strong grounds.