When you are a foreigner living in Thailand, there may come a time when you need legal assistance regarding litigation. There can be many reasons you may be facing litigation in Thailand or why you want to take someone else to court, including:
- Breach Of Contract
- Debt Collection
- Property Disputes
- Child Custody
Whatever type of litigation you are facing in Thailand, you will need to use the services of a reputable and experienced lawyer and also educate yourself about the Thai legal system. Below are some of the most commonly asked questions about the Thai legal system to help you understand what will happen when facing litigation in the Land of Smiles.
- Can You Get Fixed Fee Representation?
When looking for a litigation law firm Thailand has to offer, there are a lot of law firms you can consider getting to represent you, and the costs can vary quite drastically. Some firms will offer a fixed fee service, while others may not, so you will need to ask the question to the law firms you are considering representing you.
- How Much Will Litigation Cost Me?
You will find it hard to get an exact cost of litigation in Thailand, as many factors can affect the overall cost. When speaking to your potential lawyers, they may be able to give you a rough estimation of the price, but this figure will not be binding. If you do get an estimate of the cost for your litigation, remember that this may change, and it may be much more expensive than initially quoted. You will need to pay court fees which can vary depending on the type of case and the court you use, but these will usually not exceed 200,000 THB.
- Will I Need To Execute A Power Of Attorney?
Another common question that people ask when looking for legal representation in Thailand is whether they will need to give power of attorney to their legal representatives. The answer is yes; you will need to execute power of attorney to your legal representatives so they can legally act on your behalf within the Thai judicial system.
- How Long Will Litigation Take?
It is also impossible to tell you how long your litigation will take, as each case is different. Your lawyer can estimate how long it will take to resolve the matter, but unforeseen events can affect the length of litigation. It is always best to expect the worst-case scenario for the length of time to resolve your litigation, and if it gets done quicker, all the better.
- How Do I Enforce A Judgement?
If you win your litigation, this is only half the battle, and if the courts find in your favour, you will also need to get the judgment enforced. Most law firms can help you enforce a judgment in your favour, but this will usually be an additional cost. When looking at law firms to represent you, it is worth planning what will happen if you do win the litigation and discussing how to go about enforcing the judgment and the cost for this.