Court
Fees and Provisional Measures:
Cases involving claims concerning property or money require
court fees equal to 2.5% of the amount of the claim but not
in excess of 200,000 baht. The fee must be paid when the complaint
is filed. This fee may be included, in part or in whole, in
any judgement favoring the plaintiff. However, the Court in
considering the awarding of reimbursement for the Court fee
to the prevailing party may consider the reasonableness and
good faith of the litigants involved.
Not more than 15 days after the receipt of service , the defendant
must file an answer. Counterclaims by the defendant are permitted.
In the event that the plaintiff can show a danger of the defendant
absconding or misbehaving, provisional measures are allowed
for (a) seizure or attachment of defendant's property, (b) temporary
injunctions, (c) provisional arrest and detention of the defendant
and (d) other orders as necessary.
Documents
and Judgements: All documents submitted to the Court must
be in the Thai Language or translated into Thai. However, the
Court of Intellectual Property and International Trade may accept
documents in the English language. Testimony must be in the
Thai or be translated into Thai through a qualified interpreter.
For
a judgement to be entered requires that at least two judges
concur. A judgement will usually include nominal attorney's
fees, interest and court costs being awarded to the prevailing
party. A defendant who has lost a judgement must pay the judgement
or if he wished to appeal place give security. If the defendant
does not give security, his property may be attached to the
judgement.
Appeals:
When an appeal is made to the Court of Appeals or the Supreme
Court, it must be made in writing . Cases that are appealed
to the Court of Appeals or the Supreme Court may require further
funds to be deposited with the relevant court. The parties will
not be aware of which judges will be deciding their appeal until
the judgement is announced. Cases which involve claims for money
or property exceeding baht 20,000 may be made to the Court of
Appeals. However, the Supreme Court will only hear appeals on
cases involving money or property exceeding baht 50,000.
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