Enforcing Contracts

This section discusses the process, time and costs in enforcing contracts for the case of a commercial dispute, according to the Civil and Commercial Code. The time and expense demonstrated is based on the case of breach of a sales contract whereby a buyer refuses to pay for the ordered goods. *The judgement is sin favor of the seller (plaintiff), and the money is collected through enforcement of judgement via public sale of the buyer (defendant)'s movable assets.

*Time and cost are based on sample case of dispute between a buyer and s seller (both located in the country), whereby the buyer orders custom-made goods but refuses to pay, claiming that the goods were not produced to the exact specifications. The seller then sues the buyer before the court. At the end of the dispute, the judgment is in favor of the seller, and the buyer needs to pay the price of the goods. The time indicated begins at the moment the plaintiff files a lawsuit and ends when the payment is made, and includes waiting time during the process. The claim value is assumed to be 200% of GDP per capital, approximately 300,000 Baht

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Filling and Services

   - Plaintiff requests payment : Plaintiff or his lawyer asks Defendant orally or in writing to comply with the contract
   - Filing of summons and complaints Payment of court fees, filing costs, copy of complaints
   - Registration of court case (obtain a reference number) The court case is assigned to a judge by random selection
   - The Judge examines the plaintiff's summons and complaint then accepts the case and order the delivery of summons and complaints
   - The Court Officer delivers the summons to the defendant
   - Defendant receives summons and complaints
   - Plaintiff submits an application in writing for the provisional measures attaching to the Defendant's property prior to judgement
   - The judge decides whether to grant Plaintiff the requested provisional measures
   - The court prohibits any actions by relevant parties before the judgement
   - Defendant files a written pleading which may include witness statements, expert statement, and other documents the Defendant relies on as      evidence
   - The Case Officer or person designated by the court encourage both parties to settle the case through mediation

Court Costs
Court cost is 2% of claim value (no more than 50 million Baht) but not more than 200,000 Baht. For claims greater than 50 Million Baht, the costs is 0.1% Summons & complaints delivery Cost depends on the distance.

Source :
Court of Justice: e - Filing link
Court of Justice: Download the printed form all courts separate files link

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Trial and Judgement

- The court schedules pre-trial conference (to agree on the number of witness and the issues of dispute) and submission of list of witnesses
- Witnesses to appear in court for the oral hearing or trial
- The parties argue the merits of the case before the court. Witnesses and experts are questioned and cross-examined during trial
- The Judge sets a date for delivery of the judgement
- The court reads the judgment and enforce the defendant to comply with the judgement
- The judge produces a written copy of the judgment for the court officer to register the judgement
- Court Officer prints out the judgement

    Notes : Since 2008, in Consumer Cases the court makes pre-sentence hearing continuously without adjournments until it is done, except when there is an emergency, in which case the hearing may be postponed for no more than 15 days each time.
    * Defendants have the right to appeal within one month from the days of the judgement, otherwise the judgement is deemed as final.

    Source :
    Office of the Council of State: Civil Procedure Code link

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    Enforcement of Judgement

    - Plaintiff requests the court to issue the writ of execution and thereby appoint the Enforcement Officer. The Court enforces the judgement and appoints Enforcement Officer.
    - Plaintiff submits the attachment request to the Enforcement Officer, specifying the assets to be attached
    - Enforcement Officer Check the enforcement order and attachment request and Creditors advance enforcement fee
    - The Enforcement Officer seizes the assets Movable Assets and Immovable Assets and inform the Defendant and the Department of Land's officer
    - Report on attachment of assets and apply for an order authorising the sale of assets
    - Sale of assets through public auction
    - Payment to Plaitiff

    - Amount owed according to the judgement
    - Court fees
    - Attorney fees
      Enforcement Fees
      - Attachment of immovable assets - 2,500 Baht per filing
      - Attachment of movable assets, order of eviction, demolition - 1,500 Baht per filing
      - Refer enforcement to other courts - 1,000 Baht per filing
      - During the enforcement process, if the advanced amount are inadequate or almost used up, the Enforcement Officer may notify the creditors to deposit more payments as deemed appropriate. All expenses that the creditors have advanced will be redeemed after the sale of assets and after the Enforcement Officer has completed the income and expense report.

      Source :
      Legal Execution Department: Civil Enforcement link


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