Civil litigation in Thailand: evidence, settlement and enforcement

We start every instruction by fixing the limitation date, because it governs everything else. Thai limitation periods vary by the nature of the claim rather than by the size of the loss, and the period runs from when the right to sue arose, not from when the relationship broke down. Where the date is close we file to stop the clock and negotiate afterwards, rather than negotiating into expiry.

For an ordinary civil complaint, examine where the defendant is domiciled and the location in which the claim arose, subject to special jurisdiction rules. Labour, tax, intellectual-property, bankruptcy and administrative disputes may belong to specialised courts. A choice of forum or arbitration agreement also needs early review; it may affect whether a Thai civil court can hear the dispute.

The evidence audit is where most cases are actually won. Contracts, purchase orders, delivery notes, tax invoices, withholding tax certificates, bank transfer slips and the company's own accounting records carry real weight. Foreign-language exhibits may require Thai translations as directed by the court and the applicable procedure. Check certification and original-document requirements for the particular filing. Correspondence conducted only through messaging applications can be admitted, but its weight depends on authentication, so we secure originals and device evidence early rather than screenshots.

After the complaint is filed and served, the defendant answers and the court holds a settlement and issue-framing hearing. Thai courts actively encourage mediation at this stage and at almost every stage afterwards, and a mediated settlement recorded by the court is enforceable in the same way as a judgment. Compare a proposed settlement with the evidence, litigation expense and realistic collectability; a consent judgment is not a guarantee the debtor will pay voluntarily.

If the case continues, witness hearings are scheduled in blocks. Testimony is given in Thai through a sworn interpreter where necessary, and witness statements are prepared and filed in advance. The court determines the judgment schedule; no fixed interval after the last hearing is promised. Where a party has assets that may disappear, we consider provisional attachment before judgment — a powerful remedy that requires strong evidence of dissipation risk and usually a security deposit.

Appeals lie to the Court of Appeal and, on limited grounds, to the Supreme Court. Appeal is realistic where the first-instance court misapplied the law or ignored evidence on the record; it is a poor investment where the loss came from an evidential gap, because the appellate courts work from the same file.

A judgment is a right to execute, not a payment. Enforcement runs through the Legal Execution Department: identifying assets, seizing and auctioning property, garnishing bank accounts and receivables, and where the debtor is a company, considering bankruptcy or business rehabilitation proceedings. We therefore ask about the counterparty's assets at the outset, not after judgment, because a claim against an empty company is an expensive way to be proved right.

Foreign judgments are not directly enforceable in Thailand. A judgment obtained abroad generally has to be re-litigated here, with the foreign decision serving as evidence rather than as an order. An arbitral award may be recognised under the Arbitration Act and applicable convention, subject to filing requirements and refusal grounds. An arbitration clause needs review of scope, seat, procedure and enforcement locations rather than an assumption of automatic enforceability.

Because our office also holds accounting files, asset tracing frequently starts with public financial statements, VAT registration history and shareholding records that we read routinely. Public records are leads to investigate, not proof that the debtor has unencumbered assets available for execution.