Civil & Commercial Litigation

ทนายคดีแพ่งและพาณิชย์ · § Litigation
Quick Answer
Debt-recovery filings from THB 15,000 + 2% court fee (capped at THB 200,000). We audit prescription, send demand letters, file, examine witnesses, then execute by seizing assets or garnishing wages.
Timeline: First instance 6–12 months · Appeal +6–12 · Supreme +12–18 · Execution +3–6 months
Official fee: Court fee 2% of claim (cap THB 200,000) + service fee ~THB 1,000
Legal Basis
Civil Procedure Code and Civil & Commercial Code — covering breach of contract, non-payment, damages, dishonored cheques, eviction, tort, and Consumer Case Procedure Act B.E. 2551 matters.
Who Needs This
Creditors, landlords, wronged contracting parties, businesses evicting tenants, and tort victims.
Required Documents
- Underlying contract or debt evidence (cheque, credit card, invoice)
- Demand letter with EMS delivery receipt
- ID/company affidavit of both parties
- Damages evidence (receipts, medical bills)
- Signed Power of Attorney to counsel
Common Pitfalls
- Prescription: 5 yrs (rent, interest) · 10 yrs (general) · 1 yr (tort from knowledge of tortfeasor)
- Claims over THB 300,000 go to Provincial Court — heavier evidence burden than Kwaeng court
- Demand letter without a deadline = no default triggered, no interest accrues
Typical Use-cases
- Recovering personal loans documented by written IOU
- Landlord eviction for 3 months of unpaid rent
- Company suing a customer for unpaid invoices
- Bounced cheque recovery
FAQ
- How are your legal fees structured?
- (1) Upfront retainer THB 15,000–80,000 depending on complexity, (2) THB 3,000–8,000 per court appearance, (3) contingency success fee of 10–20% on funds actually recovered via execution.
- What is the statute of limitations?
- General 10 yrs · rent/interest 5 yrs · service fees 2 yrs · tort 1 yr from discovery of wrongdoer · negotiable instruments 3 yrs.
- When can I seize the defendant's assets?
- After final judgment (no further appeal). We obtain a writ of execution and instruct the Legal Execution Department to seize land, vehicles, bank deposits, or garnish salary.
- Defendant lives in another province — where do I file?
- Either the court of the defendant's domicile or where the cause of action arose. We advise the venue most convenient for you and where witnesses are located.
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Official sources — legal services
The information on this page follows the official sources below. Always check the latest version before you file.
- สำนักงานศาลยุติธรรม— Office of the Judiciary
- กระทรวงยุติธรรม— Ministry of Justice
- สภาทนายความในพระบรมราชูปถัมภ์ — ทนายความผู้ทำคำรับรองลายมือชื่อและเอกสาร— Lawyers Council of Thailand
- สำนักงานคณะกรรมการกฤษฎีกา — ฐานข้อมูลกฎหมายไทย— Office of the Council of State
- ราชกิจจานุเบกษา — ประกาศและกฎหมายที่มีผลบังคับ— Royal Thai Government Gazette
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: THB 2 million of paid-up registered capital per foreign work permit, or THB 1 million if the foreigner is married to a Thai national, and THB 3 million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.






