Legal service for foreign clients
Civil Litigation — Contract Breach & Damage Claims in Thailand
Trial team across all Thai civil courts — from complaint to enforcement.
Quick answer
Civil litigation covers non-criminal disputes: contract breach, tort, damages, and reclamation of property. Prescription matters — most contracts 10 years, tort 1 year from knowing the wrongdoer. We handle drafting, evidence, appeals, and enforcement via the Legal Execution Department. Attorney fees from THB 35,000 per court level (court fee of 2% of the claim value is separate).
From THB 35,000 — From 35k/court — claims over THB 5M priced by % · First instance: 8–18 months
Who this is for
- Companies whose debtors defaulted
- Injured parties seeking damages
- Businesses whose suppliers failed to deliver
- Defendants needing trial counsel
What you receive
- Case assessment: prescription + odds of winning
- Draft complaint, defense, evidence list
- Advocacy at all court levels
- Enforcement, seizure, and coordination with LED officers
- 30-day case progress reports
Documents to prepare
- Contract / payment proof / LINE-email exchanges
- IDs of parties / company affidavit
- Damage receipts, medical certificates (if any)
How it works
5-step process
- 1
60-min case screening
Analyze claim value, prescription, and evidence.
- 2
Formal demand letter
Preserve evidence of demand before filing.
- 3
File complaint + court fee
File at competent court, manage docket.
- 4
Evidentiary hearings
Examine witnesses, submit exhibits, expert testimony.
- 5
Judgment + enforcement
Coordinate seizure/garnishment, assess appeal.
In depth
Civil Litigation — Contract Breach & Damage Claims: what foreign clients need to know
Civil cases are decided by what sits in the file, not by what is said at the bench. The work that determines the result happens before filing: lining the chronology up against every document, naming the allegations that still lack support, and testing which assets would actually satisfy a judgment. We therefore begin by reading the whole bundle and telling the client plainly whether the claim is worth running.
Reading the claim first: value, limitation and the assets at the end
Three numbers must settle before filing. First, the claim value that documents can prove, not the figure the client feels wronged by. Second, the date limitation began to run, which differs by cause of action — contract, tort and instruments each run their own clock. Third, the counterparty assets still traceable today. If the third is empty, winning may yield only an uncollectable judgment.
With those settled, we cost out three routes side by side: full litigation, a negotiated exit driven by a demand letter with real weight, or writing the loss off and closing the matter. Many clients pick the second once they see cost against realistic elapsed time, and saying so is more honest than accepting every file that walks in.
The evidence stage is where cases change hands
Courts weigh documents above testimony that no paper supports, almost invariably. We therefore bundle evidence by issue in dispute rather than by the order it reached us. Each bundle carries a cover sheet naming the issue it proves and the gap it leaves. That exposes our own weak points before opposing counsel finds them.
Preparing witnesses is not rehearsing lines; it is drilling them to speak only to what they personally observed and to say they do not know when they do not. A witness who fills gaps by guessing is usually broken in cross-examination, and that damage spreads to every other point the same witness gave.
Interim measures and planning execution in advance
Where there is credible reason to think the other side will move assets while the case runs, pre-judgment protective measures remove most of the end-stage problem. Such applications demand strong evidence and usually security for damages, so we assess whether the outcome justifies the deposit before applying.
In parallel, we prepare execution while the trial runs rather than waiting for finality. Asset lists, security registrations and co-owner names are checked in advance, so that on the day the writ issues we can move to seizure without starting the asset hunt from zero.
Cost structure: government fees vs professional fees
| Item | Official fee | Professional fee | Note |
|---|---|---|---|
| Case assessment and pre-filing opinion | No government fee | THB 10,000–25,000 | Credited against the litigation fee if you instruct us to proceed |
| Filing a first-instance civil claim | Court filing fees run as a percentage of the claim value, subject to the statutory ceiling | From THB 60,000 by claim value and issue complexity | We quote the filing fee as a figure before the filing date |
| Pre-judgment protective application | Application fee at the set rate, plus security for damages as the court directs | THB 35,000–80,000 | Requires solid evidence of asset dissipation |
| Appeal or Supreme Court petition | Fees at each level are calculated on the value still in dispute | THB 50,000–120,000 per level | We say plainly whether the grounds can realistically reverse the result |
A supply debt collected before the first hearing
Situation: A manufacturer had three unpaid invoices from one buyer and feared limitation was near.
What we did: We filed with a complete delivery-document set and simultaneously opened talks through a letter fixing the amount and payment date.
Outcome: The buyer paid in full plus costs before the first evidence hearing.
A case we advised against filing
Situation: A client wanted to sue for THB 1 million against a company that had ceased trading.
What we did: We reviewed filed accounts, asset registers and existing security, and found every asset fully mortgaged.
Outcome: The client saved the fees and redirected the budget into tighter credit terms with other buyers.
When to act, and when waiting is fine
File at once when limitation is close
Filing stops the clock; negotiation can continue while the case runs.
Negotiate first when the counterparty still has cash flow and ongoing trade
A secured payment schedule usually pays out faster than a judgment requiring execution.
Seek protective measures when assets start moving out
Sudden land transfers or shareholder changes are signals to act immediately.
Do not litigate when there are no assets at the end
An unenforceable judgment is spend without return.
Documents in detail
| Document | Issued by | Certification / translation | Validity |
|---|---|---|---|
| The disputed contract with every annex | Both contracting parties | No certification, but the original must be available for the court at the evidence hearing | No expiry — the signing date governs |
| Proof of every payment or transfer made | The bank holding the account | Request a bank-stamped statement to pre-empt authenticity objections | Must span the whole disputed period |
| Demand letter plus its delivery record | Your lawyer or you directly | Send by registered post and keep the return receipt as documentary evidence | Send before filing and well before prescription lapses |
| Company affidavit of the opposing party | Department of Business Development | Must be a registrar-issued copy, not a screenshot from a website | Issued within roughly 6 months before the claim is lodged |
| Power of attorney appointing counsel | Signed by you on the court's prescribed form | Authorised director's signature plus company seal when the plaintiff is a company | Valid for the whole case at that court level |
Timeline and who does what
| Stage | Owner | Duration | Detail |
|---|---|---|---|
| Prescription and merits assessment | Handled by our team | 3–5 working days | We read the full file, pin down the cause of action, measure the remaining prescription window, and judge whether a judgment could actually be enforced. |
| Assemble the documents listed above | You provide | 5–10 working days | The sooner originals arrive, the less room the other side has to attack authenticity during the evidence stage. |
| Draft the complaint and compute court fees | Handled by our team | 5–7 working days | We size the claim precisely because the claim value drives both the filing fee and whether jurisdiction sits with the district or provincial court. |
| File suit and serve the summons | Depends on the agency | Roughly 30–60 days to the first hearing | If the defendant has moved, posting the summons or publishing notice becomes necessary and adds further time. |
| Evidence hearings and judgment | Depends on the agency | Approximately 8–18 months at first instance | We prepare witnesses in advance, file the witness list on time, and report every hearing to you in writing. |
| Enforce the judgment | Handled by our team | Starts once the judgment is final, then runs for further months | We trace assets, open the seizure file, and follow the auction with the Legal Execution Department until money is recovered. |
Common pitfalls
Letting prescription run out — tort claims lapse just one year after you learn who caused the harm
Have us fix the start date from the actual documents before deciding to keep negotiating
Misstating the claim value, filing in the wrong court, and having to start over
Separate principal, interest, and damages before computing the value
Winning but recovering nothing because the defendant holds no assets in their own name
Trace assets before filing and consider provisional measures to freeze them early
Submitting illegible copies that the court may decline to admit
Scan at high resolution and bring originals for inspection at the hearing
Negotiating alone and inadvertently acknowledging a debt or waiving rights in writing
Let counsel review every message or letter before you reply
Doing it yourself vs working with us
| Aspect | On your own | With our team |
|---|---|---|
| Prescription check | Usually counted from the default date, which may not be the date the law uses | We rebuild the timeline from documents and state the last safe filing date in writing |
| Hidden costs | A miscalculated filing fee must be topped up mid-case and hearings get rescheduled | We quantify filing, service, and enforcement costs up front |
| Witness preparation | Witnesses drift off point and lose weight under cross-examination | We rehearse issues and question order with each witness |
| After winning | Unfamiliar seizure procedure turns the judgment into paper only | We move straight into enforcement the moment the judgment is final |
Official sources
FAQ
Frequently asked questions
How is the court fee calculated?
2% of the claim, capped at THB 200,000 per court level.
Will I actually collect after winning?
Depends on the debtor's assets — we run asset tracing and enforcement.
Defendant in another province?
File where the defendant resides or where the cause arose — we cover all 77 provinces.
Pre-suit mediation possible?
Yes — saves 6–12 months and preserves the business relationship.
Bond for appeal?
Losing defendants post cash or security if the judgment isn't yet paid.
How long does a first-instance civil case take?
Usually one to two years from filing, depending on witness numbers and each court's calendar.
Can filing fees be recovered from the losing side?
The court may order the loser to bear costs, but that rarely covers your full legal fees.
What happens if the defendant files no defence?
The court may proceed in default, but we still must prove the claim's allegations by evidence.
Can counsel be changed mid-case?
Yes, by filing a withdrawal and fresh appointment; we take the existing file to keep the issues continuous.
Related services
Debt Collection — Bounced Cheques, Enforcement, Seizure
Compliant collection under Debt-Collection Act, Cheque Act, and full enforcement.
Draft & Review Business Contracts — NDA, JV, Shareholder
Enforceable contracts — bilingual, with dispute-resolution and arbitration clauses.
Corporate & M&A Lawyer — Due Diligence, Joint Venture
Mid- to large-cap deals under FBA, BOI, JV — structuring and protection.
Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Reviewed by: Reviewed by a Notarial Services Attorney registered with the Lawyers Council of Thailand.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.