What Happens If You Are Sued in Thailand?

Overview

Being sued in Thailand can be a daunting experience, especially for foreigners unfamiliar with the Thai legal system. This guide explains the process from start to finish.

Step 1: Receiving the Summons

The plaintiff files a complaint with the court

The court issues a summons (หมายเรียก) to the defendant

Summons is typically served in person by a court officer

If you cannot be found, the court may order service by publication

You have 15 days to file an answer from the date of service

Step 2: Filing Your Answer

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What to Include

Response to each allegation (admit, deny, or no knowledge)

Affirmative defenses

Counterclaims (if applicable)

Supporting evidence list

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What Happens If You Don't Answer

The court may enter a default judgment against you

You lose the right to present your case

The plaintiff's claims may be granted in full

Step 3: Pre-Trial

- Court schedules a pre-trial hearing

Both parties present their cases briefly

Court attempts mediation/settlement

If no settlement, trial dates are set

Evidence and witness lists are exchanged

Step 4: Trial

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Thai Court Procedures

Trials are conducted in Thai (interpreters provided for foreigners)

Evidence is presented through documents and witness testimony

Cross-examination of witnesses is permitted

No jury system — judges decide all matters

Trials may be spread over multiple hearing dates

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Types of Evidence

Documentary evidence (contracts, correspondence, photos)

Witness testimony (oral evidence)

Expert testimony

Physical evidence

Step 5: Judgment

- Court issues judgment typically within 30 days of final hearing

Judgment includes reasoning and specific orders

If monetary judgment: specifies amount, interest, and costs

Step 6: Appeals

- Appeal to the Court of Appeal within 30 days of judgment

Further appeal to the Supreme Court within 30 days of appellate decision

Appeals on questions of law only at Supreme Court level

Execution of judgment may be stayed during appeal (with security deposit)

Step 7: Enforcement

- Winning party can enforce judgment after appeal period expires

Methods include: seizure of assets, garnishment of wages/accounts, auction of property

Enforcement actions require separate court application

Foreigner-Specific Concerns

- Travel ban: Court can prohibit you from leaving Thailand during proceedings

Language barrier: All proceedings are in Thai; hire a qualified interpreter

Legal representation: While not mandatory, strongly recommended

Embassy notification: Contact your embassy for a list of recommended lawyers

Settlement: Consider settlement at any stage — Thai courts encourage it

Cost: Legal proceedings can be expensive; budget for the long term

Related Guides

[Civil Law](/civil-law)

[Self-Representing in Civil Court](/blog/self-represent-thai-civil-court-procedure)

[The Appeals Process](/blog/thai-court-appeals-process-explained)