Stuck with civil case in Thailand? Need assistance to resolve a civil case in Thailand? BLS is the right legal associate that would help you on a multitude of civil cases in Thailand. Here’s more to civil cases in Thailand.
What are Civil Cases?
Civil cases refer to one party suing another for the protection or enforcement of a right, or the avoidance or redress of something incorrect. The party that files the complaint is called as plaintiff and the party against whom the case is filed is called as the respondent. Usually, cases involving property and business disputes, divorces, torts, personal domestic controversies, etc. are treated as civil cases. Often, civil cases are aimed at a resolution through an amicable solution. However, in some cases, the plaintiff finally approaches the court, in case he feels, or figures out that case cannot be resolved without judicial intervention. In such a situation, the plaintiff must file a written complaint with an appropriate Court of First Instance. In the complaint, the plaintiff must clearly indicate the nature of the claim, the relief sought, and the allegations that support the claim.
Speaking of civil cases in Bangkok, there are 6 courts with the competencies required to try and adjudicate civil cases. Besides, there are special courts to help resolve special cases. Outside Bangkok, it is the Provincial Courts that look after civil cases.
Factors Considered while Filing a Lawsuit
Filing a lawsuit requires a careful consideration of the following factors.
- An appropriate designation of the case
- The jurisdiction of the court
- The determination of the proper parties, along with many others that make the assistance of a professional lawyer absolutely necessary!
In case the plaintiff fails to properly determine any of the aforementioned factors, the lawsuit could suffer from serious implications, including an early dismissal, etc.
What Happens with Cases such as Divorce, Contract Breaches, and Money Collection?
As far as possible, Thai tribunals would aim for an out of court settlement. The preliminary hearing isn’t just limited to identifying the concerns, but also aimed at exploring the possibilities of a compromise. At times, the court may temporarily adjourn the case if the parties show any willingness to compromise. However, the court may also trigger a continuous trial on the merits, in case it finds that compromise isn’t a viable option.
Almost all the court proceedings are conducted in the Thai language, except for the ones conducted in special courts. Foreign language documents must be translated into Thai. Evidence requires only original documents, except in some cases. Besides, it is important that your Thai lawyer actively participates in the entire court process, as the proceedings could involve a lot of solutions and practices that aren’t really familiar to the judicial system of Thailand. Besides, your Thai lawyer must guide you throughout the process across the Appeals Court and Supreme Court, and not limit his/ her role to a particular process or a step.
For more information, or to seek legal assistance on a civil case, get in touch with BLS.