Civil litigation is a lawsuit between persons or entities that does not involve criminal penalties. It generally includes disputes formally submitted to a court where one party claims that another party has committed a wrongful act, but not a crime.
The remedy sought in civil litigation is usually monetary compensation or a court judgment requiring a party to do something or stop certain acts.
Many types of disputes may involve civil litigation, including:
A typical lawsuit begins with filing a complaint in court, clearly setting out the nature of the claim, the relief sought, and the allegations.
Under Thai law, the plaintiff must bring a civil case to the court where the cause of action arises or where the defendant resides. If the case involves immovable property, the lawsuit must be filed in the court where the property is located or where the defendant resides.
Once the defendant receives the complaint, he or she must file a written answer with the court, generally within 15 days of service. The answer must state the defendant’s position on each allegation, including what is admitted or denied.
The defendant may also file a counterclaim against the plaintiff. If a counterclaim is filed, the plaintiff must respond within 15 days from the date the counterclaim is received.
If a defendant is properly served with a summons and complaint but fails to respond within the prescribed time, the plaintiff may request the court to declare the defendant in default.
When a defendant is in default, the court may proceed with the case. The defendant may still participate in certain proceedings, such as cross-examining witnesses, but may lose the opportunity to fully defend the case or present evidence unless permitted by the court.
If the defendant later appears before judgment and shows that the default occurred unintentionally or with reasonable cause, the court may allow the defendant to file an answer and may reopen the proceedings.
Court proceedings in Thailand are conducted in Thai. Therefore, documents in a foreign language must generally be translated into Thai before being submitted as evidence.
However, in the Intellectual Property and International Trade Court, the court may allow proceedings in English if both parties agree and the court grants permission. In practice, key documents may still require Thai translation.
The Civil and Commercial Code provides statutes of limitations for filing civil claims. The applicable period depends on the nature of the claim.
It is advisable to consult a lawyer promptly to assess your case. If you fail to file within the prescribed limitation period, you may lose the right to bring the claim to court.
Each case is different. The duration of civil litigation depends on the complexity of the legal issues, the number of witnesses, and the court’s caseload.
Some cases may resolve within several months, while more complex disputes may take years to conclude.
Civil disputes can be complex and time-sensitive. Whether you are filing a claim, responding to a lawsuit, or assessing your legal options, obtaining proper legal advice is crucial. Our experienced civil litigation team can guide you through the process and help protect your interests. Contact us today to discuss your case and explore the most effective legal strategy.
Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Specialization: Civil Thai Law and Litigation for more than 30 Years
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