Things to Know About Going to Court in Thailand

Going to court in Thailand can be a daunting experience for anyone. This can especially apply to foreigners who are not familiar with the Thai legal system and the processes involved. In this article, we aim to simplify the overall perspective and present the various types of courts and the processes involved so that you will be better prepared if or when you ever find yourself in need of going to court in Thailand.

The Types of Courts in Thailand

The Thailand Courts of Justice are made up of three separate divisions consisting of:

1. 1. 1. Courts of First Instance
      2. Courts of Appeal
      3. The Supreme Court (Dika Court)

Both civil and criminal matters are heard in these courts. Furthermore, the Thai Judiciary has set up an “Alternative Dispute Resolution Office” in order to promote dispute resolution so as to free up the main courts for hearings that are not able to be successfully resolved through mediation or arbitration.

In the Bangkok metropolitan region, there are “Kwaeng Courts” (District Courts) which deal with less complex matters, but the provinces primarily rely on the "Provincial Courts" to hear matters that would normally be split between municipal and provincial jurisdictions in the capital. There are other specialist courts which deal with Taxation and Bankruptcy, Labor, Intellectual Property, and International Trade, but we won’t elaborate on those specialist courts here.

One major specialist court division is the “Juvenile & Family Court” which hears family-related matters. Most major provincial cities have such courts established, as family law-related cases are very common across the nation.

The Process of Going to Court

You will either be attending court as a plaintiff (the one making the claim) or the defendant (the one defending the claim). In the criminal court, you will either be the defendant or the complainant. In the Juvenile & Family Court, you will be the applicant or the respondent.

In all of these circumstances, you will need to be represented by an attorney. If you can afford to hire a private attorney, then that is a highly preferable option, but if you cannot afford one (in the case of being a criminal defendant), then one will be appointed by the court. If you cannot speak Thai, you will need to have a Thai-English interpreter, which you can provide privately or via a court-appointed interpreter. Mediation hearings are more relaxed, meaning you can rely on either a family member or a privately appointed interpreter to assist you.

It is also worth noting that the Thai judiciary has embraced digital modernization. Through the E-Filing System and the Court Integral Online Service (CIOS), many initial pleadings, document submissions, and case tracking are now handled completely electronically. In many instances, preliminary steps and online mediations can even be conducted via video conferencing, which is a major convenience for foreign litigants.

Civil Matters and Timelines

In civil matters, once the petition has been filed and accepted by the court, the first hearing is often focused on mediation and usually takes place in a meeting room at the court. The purpose of this meeting is to find an agreed solution to the dispute. If this can be achieved, the terms of the settlement agreement will be registered by the court, and the matter will conclude right there without a trial.

If a mediation agreement cannot be reached, the matter goes before the court to be formally tried. The two parties will argue the matter through their attorneys, and the judge will hear all the evidence.

While an uncontested or straightforward case might be settled relatively quickly, a fully contested civil lawsuit generally takes anywhere from 6 to 12 months to reach a judgment in the Court of First Instance. To curb delays, the Thai judiciary operates under strict efficiency guidelines (such as the Judicial Regulation on Timeframes for Court Cases), ensuring judges move cases along transparently and render judgments without unnecessary backlog.

The Appeal Process: A Crucial Distinction

At the conclusion of a trial of first instance, either party generally has a period of 30 days to lodge an appeal with the Court of Appeal.

However, if a party wishes to appeal a civil matter a second time to the Supreme Court (Dika Court), the rules are exceptionally rigid. Unlike the Court of Appeal, a civil appeal to the Supreme Court is not a matter of right, regardless of how high the financial stakes are. Instead, Thailand utilizes a strict permission-based system. The judgment of the Court of Appeal is legally deemed final unless you can successfully petition the Supreme Court for special permission to appeal. This permission is only granted if the case involves a significant question of law, public interest, or a direct conflict with established legal precedents.

The Juvenile & Family Court

The Juvenile & Family Court is generally a more relaxed environment intended for settling divorce applications, family disputes, matters involving children, and issues of family succession. Where the parties are not hostile toward each other, the procedural processes of the Family Court are relatively straightforward.

However, this is not always the case, and you may need to prepare for making an application or response knowing that the other party is hostile to your objectives. Occasionally, a hearing may involve matters of child abduction, which are more serious and involve police intervention.

If attending the Juvenile & Family Court, you will need the assistance of an attorney to help you prepare your court petition or response. It is a highly specialized aspect of the law which, when considering child welfare, must primarily focus on what is “in the best interest of the child.” The court has designated counseling procedures and trained professionals to interview children privately, allowing the judge to arrive at a balanced understanding of how the child actually feels and what they want to see happen, keeping in mind the child's age and maturity.

In Conclusion

If going to court in Thailand, you will need to engage an experienced attorney. The costs for representation can vary depending on the complexity of the matter and the stakes involved. You might also need to be prepared to find collateral or cash to post bond money (for criminal matters) or court fees (for civil monetary disputes).

If you are summoned to court or receive notice to attend an inquiry, please contact us for a confidential chat. The first phone consultation is free, ensuring you have the benefit of a professional and qualified legal opinion before you proceed any further. We can also provide you with a qualified Thai-English interpreter for any mediation meetings, inquiries, or formal court hearings.