Civil litigation lawyers in Bangkok HP copy

Civil Litigation is a resolving method which occurs when there is a legal dispute between two or more parties, seeking monetary compensation, protection and compliance under law. H&P lawyers in Thailand have a well-known experience in Civil Litigation. Therefore, those who are interested in instigating or participating in a civil litigation to ensure that their rights will be protected should consider the following:

PARTIES OF THE DISPUTE

The very first step to determine whether your dispute will be referred to the Civil Court or not, is to check the status of the opposing party. For the case to be referred to the Civil Court, all parties must be private entity, either by its very status or by consideration of the action taken by such entity. Should one of the potential litigants be a governmental organization/private organization authorized with governmental power, the case may have to be referred to an administrative court instead.

It is also very important to note that, if the dispute is between the consumer and the producer/service provider, the case shall be categorized as ‘civil consumer case’ – which would affect the procedure and the court fee.

NATURE OF THE DISPUTE

Not all of the monetary disputes are referred to the civil court, our Thai court system has, by the power of court establishment enactments, categorized and referred specific type of disputes to its specialized court as follows:

  • Intellectual Property and International Trade Court
  • Labor Court
  • Tax Court
  • Juvenile and Family Court
  • Bankruptcy Court

Under the civil procedure code, the court proceedings can be structured as follows:

Pre-litigation requirements – ie. serving legal notices, notifying the opposing party of a breach, pre-court mediation (if expressly stated in the agreement)

Discussion, strategy planning and evidence collection

Preparation and submission of complaint/defense

Compulsory mediation hearing

Hearing for determination of litigating issue

Witness examination and cross-examination

Judgment hearing

Filing/Defending appeal of higher court

Execution of winning judgment

If you need legal representation in a Civil Court Proceeding in Thailand, please contact our Bangkok law firm at [email protected]