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 2 hours ago 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 1 hour ago 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]

17 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. I'm assuming the counterargument needs to be reasonable for the judge to ask for a defense. In that case they deserve one.