Small Claims Court

[JimTripper]

Can a foreigner file a small claims court case on their own in Thailand and address the court, or is it required to hire a lawyer?

 

Language would not be an issue. There would be a digital interpreter for text and spoken language. Is it possible to apply at the courthouse like someone would do in the USA?

Edited September 22 by JimTripper

[Will B Good]

Yes, foreigners can lodge a complaint in a **small claims court** in Thailand. Thai law generally allows both Thai citizens and foreigners to file lawsuits in small claims court, provided that the issue falls within the court's jurisdiction. 

Key considerations:
1. **Jurisdiction**: The court must have jurisdiction over the matter, which typically involves claims related to civil or commercial disputes, such as breaches of contract, property issues, or small monetary claims.
2. **Legal Representation**: While legal representation is not mandatory in small claims court, it is often advisable for complex matters. Foreigners can represent themselves, but a Thai lawyer may be helpful due to language barriers or unfamiliarity with Thai legal procedures.
3. **Residency Status**: A foreigner doesn't need to be a resident of Thailand to file a claim, but the case must have a connection to Thailand, such as an event occurring within the country or a defendant residing in Thailand.

Foreigners are advised to seek legal advice to ensure they follow the correct procedures.

[FritsSikkink]

Here some info: The Small Claims Court In Thailand | Acclime Thailand and here: Civil Case Preparation in Thailand | Siam Legal International (siam-legal.com)

Edited September 22 by FritsSikkink

[scubascuba3]

My lawyer friend tells be some will charge too much but others more fair, my friend helps thai people with not much money, maybe pick one up at the local courts, that's where she is often

[OneMoreFarang]

1 hour ago, JimTripper said:

There would be a digital interpreter for text and spoken language.

Does this "digital interpreter" also know all relevant laws?

 

And does it understand "court language"? As far as I know that is not the same as proper Thai language. 

[JimTripper]

19 minutes ago, OneMoreFarang said:

Does this "digital interpreter" also know all relevant laws?

 

And does it understand "court language"? As far as I know that is not the same as proper Thai language. 

I'm not sure it needs to for a contractual dispute.

 

I'm thinking it would be more like just handing over the contract and the judge takes it from there requiring proof of payment or hearing a defense against it.

[OneMoreFarang]

20 minutes ago, JimTripper said:

I'm not sure it needs to for a contractual dispute.

 

I'm thinking it would be more like just handing over the contract and the judge takes it from there requiring proof of payment or hearing a defense against it.

 

Let's just assume for a minute that that would happen.

And then maybe the lawyer of the guy who you think should pay tells the judge that because of paragraph x and y he didn't pay.

And then?

Do you think the judge will then argue for you?

Or your "digital interpreter" will suggest something?

That sounds a little naive to me.

 

Maybe in a couple of years AI can do all that. But I am pretty sure until now it cannot.

And somehow, I would be surprised if a Thai judge would have a lot of patience in such a case.

 

[JimTripper]

47 minutes ago, OneMoreFarang said:

Let's just assume for a minute that that would happen.

And then maybe the lawyer of the guy who you think should pay tells the judge that because of paragraph x and y he didn't pay.

And then?

Do you think the judge will then argue for you?

Or your "digital interpreter" will suggest something?

That sounds a little naive to me.

 

Maybe in a couple of years AI can do all that. But I am pretty sure until now it cannot.

And somehow, I would be surprised if a Thai judge would have a lot of patience in such a case.

It's a speech translator, not AI.

 

The judge won't argue for one side, but they will need to render a decision, not the lawyers. If one side does not fulfill their end of the contract they would need to prove why with their argument, not just state why.

 

Usually, what's in writing and signed carries more weight if it's well written then verbal arguments. In fact, in many cases it's better to just remain silent and let the contract speak for itself. Unless, it was some super good lawyer whose argument overrided the contract language.

Edited September 22 by JimTripper

[OneMoreFarang]

35 minutes ago, JimTripper said:

It's a speech translator, not AI.

 

The judge won't argue for one side, but they will need to render a decision, not the lawyers. If one side does not fulfill their end of the contract they would need to prove why with their argument, not just state why.

 

Usually, what's in writing and signed carries more weight if it's well written then verbal arguments. In fact, in many cases it's better to just remain silent and let the contract speak for itself. Unless, it was some super good lawyer whose argument overrided the contract language.

 

A long time ago in a country far away I had an employment contract. I worked but the employer didn't pay me. So, I started the judicial process, and I hired a lawyer. I don't remember the details, but I am pretty sure my lawyer presented the case in a way that I had a valid employment contract according to this and that law. And the employer should have paid me within x days according to this and that law. And because the employer didn't pay now, we use law a and b to ask for payment withing y days. 

There are lots of laws involved.

 

I.e. if we go to a restaurant and eat then we know we have to pay. Why? I don't really know, but I am sure there is a law for that. And that law has a name, number, paragraph, whatever.

And in front of a judge, it is not good enough to say: He eat the food and now he has to pay. The argument will be something like: By ordering the food he agreed to law x and according the law y he has to pay. Except maybe if he brings up law z which will be a reason why he didn't have to pay.

That's how courts work all over the world. 

 

 

[Pattaya57]

3 hours ago, JimTripper said:

Language would not be an issue. There would be a digital interpreter for text and spoken language. 

I can just picture you asking the judge to please speak into your phone for Google translate 😆 

[FritsSikkink]

13 hours ago, JimTripper said:

I'm not sure it needs to for a contractual dispute.

 

I'm thinking it would be more like just handing over the contract and the judge takes it from there requiring proof of payment or hearing a defense against it.

I doubt you can use a recording device in court, and it won't know how court etiquette works.

[JimTripper]

16 hours ago, Pattaya57 said:

I can just picture you asking the judge to please speak into your phone for Google translate 😆 

Don't deaf people do it? Sometimes there is even a court appointed translator.

Edited September 23 by JimTripper