Litigation is usually the last resort to solve a dispute or
enforce a claim. Many parties of a dispute try to avoid a
litigation process because they fear the court costs or to lose the
process. However, sometimes litigation is the only way for a party
to obtain relief. Therefore, it is good to know, that the Thai
justice system is generally accessible and unbiased. Also, the time
it takes for a judgement is reasonably fast.
Initiating a litigation case in Thailand could be described as
follows:
Before the litigation starts, the creditor's lawyer should
send a written notice to the debtor demanding the outstanding
payment and giving a certain period of approx. 14-30 days to comply
with. If the debtor is still unwilling to pay, the creditor's
lawyer will prepare a case and submit to the first instance court.
Thereby the party has to take into account, that the Thai Civil and
Commercial Code (CCC) prescribes prescription periods (from one
month to ten years) within