Court Procedure and Self-representation

[benthesheep24]

Hi, this is my first post on the forum, and I have a bit of a query about the process for receiving court summons here, in Thailand. I live in Bangkok, and believe that legal action is being taken against myself by individual parties. Should I expect to receive a court summons for this?

Also, what is the procedure for representing myself in court? Would I be able to do this, if I get a translator? I can't afford to pay for a lawyer, so what happens if it goes to court and I can't afford a lawyer?

Thanks!

P.S. Not sure that this is the right forum area, so please do move it if not!

[thairay]

Hold on for a rough ride here...

[blackcab]

In general, 3rd parties take out civil proceedings to receive damages.

If you can't afford a lawyer how would you be able to pay if the worst vane to the worst?

[mikebell]

Vietnam is nice at this time of the year.

[benthesheep24]

Well, I have a pretty strong case to defend myself; it's just having the ability to that I'm querying.

[benthesheep24]

Okay, I appreciate your advice. I'm just wondering what the procedure would be IF I were to go to court, but couldn't afford a lawyer.

[Morakot]

OP you posted in the "Marriage and divorce" forum.

Is this a civil law claim against you or a private criminal claim?

In certain criminal law cases you might be entitled for a public defender. Self-representation in court is generally possible in both civil and criminal cases in Thailand. However, it obviously requires adequate legal (and to some extent procedural) knowledge.

An alternative to self-representation in case of a lack of funds could be identifying experts who offer pro bono service. Giving legal advice in Thailand does not require registration with the Lawyers’ Council of Thailand, representation in court however does.

Edited May 31, 2016 by Morakot

[benthesheep24]

Thanks, Morakot. So would I be able to speak in English, representing myself, or would there be a translator available or necessary?

As for whether this is civil or criminal, I'm not entirely sure. I know that these people are TRYING to get a court date by their American lawyers (in Thailand), but I'm not entirely sure what they are claiming against me. They have twisted a while bunch of things that have happened, so I'm not sure what is to happen.

Obviously, the best option is to probably just leave for a while, until it blows over, but I am just interested to find out how the court system works, should I decide to go and do it.

[Morakot]

Thanks, Morakot. So would I be able to speak in English, representing myself, or would there be a translator available or necessary?

All statements made in court are (and need to be) in Thai.

If you don't speak Thai you need an interpreter. As far as I understand if you don't qualify for a public defender you need to have your own interpreter. Your average graduate who is fluent both in Thai and English will not be sufficient. You need someone who trained in legal interpretation/ translation.

On a side note, all this sounds rather vague and quite strange. Getting a "court date" requires a prosecution. This is either done by the Public Prosecutor's Office (via the police) or as a private prosecution by a party involved. Either way, you would know the exact details in each case.

[Khon Kaen Dave]

Like the other OP said.There is no justice for you here.Choosing to defend yourself will be a dream come true for the prosecuting council.You will end up in more financial and stressful hurt than you can imagine.Not only are there procedures that you will not know about, dont forget there is no jury system here.You will be defending yourself against Thai claimants with a Thai prosecutor and a Thai judge.

Either leave the country for home or go to Cambodia,the Phillipines,or Laos for a while,but do it quick..

Remember brother...Thais can do no wrong.

[benthesheep24]

The claimants are actually American, with American lawyers.

[jacksam]

No charges as yet? .

You didn't give basis of charges. While none of our business, more info would enable better advice. Also your ties here? Depending on LOT of things, the member stating above that "Vietnam is nice this time of year"

Some things go away some don't.

No one can advise you because there is no indication from you the level of seriousness.

[mrboats]

Don't believe for one minute you will not get proper justice in a Thai court....from my experience it makes no difference where your from....I'm a foreigner and took a Thai to court ....the verdict was in my favour easily...I had a lawyer ....the Thai represented itself....if the Thai had a lawyer the verdict would have still been the same....justice is still there if you done nothing wrong

[benthesheep24]

Don't believe for one minute you will not get proper justice in a Thai court....from my experience it makes no difference where your from....I'm a foreigner and took a Thai to court ....the verdict was in my favour easily...I had a lawyer ....the Thai represented itself....if the Thai had a lawyer the verdict would have still been the same....justice is still there if you done nothing wrong

That's great to hear, mrboats. Thanks!

Everyone else is saying there is no chance of winning, even if you're innocent!

[Morakot]

The claimants are actually American, with American lawyers.

Which means the person who is treating you has no representation.

Edited May 31, 2016 by Morakot

[Morakot]

Don't believe for one minute you will not get proper justice in a Thai court....from my experience it makes no difference where your from....I'm a foreigner and took a Thai to court ....the verdict was in my favour easily...I had a lawyer ....the Thai represented itself....if the Thai had a lawyer the verdict would have still been the same....justice is still there if you done nothing wrong

Probably one of the more sensible replies.

[benthesheep24]

No charges as yet? .

You didn't give basis of charges. While none of our business, more info would enable better advice. Also your ties here? Depending on LOT of things, the member stating above that "Vietnam is nice this time of year"

Some things go away some don't.

No one can advise you because there is no indication from you the level of seriousness.

I apologise for not being able to provide details.

In all honesty, that's because I'm not really sure. It is an incredibly long story.

An overview:

I am 18, and have a girlfriend here who is 17. I moved here from England about 5 months ago. Her parents hate me. Her dad is American, and her mother Thai.

Recently, they have decided that they want me out of her life. I admit that I've done some rather stupid things, but they were all in my girlfriend's best interest, in my opinion.

She doesn't have the best relationship with her parents, and sometimes hasn't wanted to go home at the end of the day.

The main incident occurred about a month ago. She didn't want to go home because her father was only able to talk about ways in which he was going to kill me, and it was making her incredibly depressed. She didn't want to go back to that, so stayed over at my condo that night. The next morning, her mum came and the condo called the police so that they could use the key to get in. The police said they would not have any charges against me, since my girlfriend was leaving then.

She was taken to hospital by ambulance, and I went with her. She was then taken to a psychiatric ward, and held there so that she could not communicate with me.

She is still in the hospital, with that being the sole reason.

Now, I have been told by the doctor that her parents are trying to 'sue' me. I have no more details than that, so I'm not sure what they have done, or are doing, or what they are likely trying to claim.

I'm not sure where I stand in terms of holding a minor without parental consent, since I'm a minor too. It wasn't against the minor's wishes, but they are not taking this into account.

As you can see, it's a pretty strange situation, and I'm not sure what is happening, exactly.

I think I'm more likely to leave Thailand and go to England until the situation calms down, but I was just wondering what would happen if it were to go to court and I didn't have legal representation, and just an interpreter.

[benthesheep24]

I should add that her dad did place his hands around my neck at one point, shouting threats at me. I reported this to the American Embassy, but couldn't to the police as they spoke no English when I went.

[Brer Fox]

Get out of town, like right now. Book a flight and leave the country. Go anywhere. Just make sure your passport/visa is in order.

Like the old saying.

He that fights and runs away, may turn and fight another day. But he that is in battle slain, will never rise to fight again.

[Morakot]

Ben, I think you're in a quite vulnerable position, as you cannot speak basic Thai or have someone who can speak for you. You couldn't manage to file a police report! I think that's alarming.

It's pointless to speculated what what kind of charges these people are trying to come up with. From your side of the story, it would be hard to imagine that this could really come to court. But having said, if it were---you would be hopelessly lost, if I may so.

Edited May 31, 2016 by Morakot

[jacksam]

No charges as yet? .

You didn't give basis of charges. While none of our business, more info would enable better advice. Also your ties here? Depending on LOT of things, the member stating above that "Vietnam is nice this time of year"

Some things go away some don't.

No one can advise you because there is no indication from you the level of seriousness.

I apologise for not being able to provide details.

In all honesty, that's because I'm not really sure. It is an incredibly long story.

An overview:

I am 18, and have a girlfriend here who is 17. I moved here from England about 5 months ago. Her parents hate me. Her dad is American, and her mother Thai.

Recently, they have decided that they want me out of her life. I admit that I've done some rather stupid things, but they were all in my girlfriend's best interest, in my opinion.

She doesn't have the best relationship with her parents, and sometimes hasn't wanted to go home at the end of the day.

The main incident occurred about a month ago. She didn't want to go home because her father was only able to talk about ways in which he was going to kill me, and it was making her incredibly depressed. She didn't want to go back to that, so stayed over at my condo that night. The next morning, her mum came and the condo called the police so that they could use the key to get in. The police said they would not have any charges against me, since my girlfriend was leaving then.

She was taken to hospital by ambulance, and I went with her. She was then taken to a psychiatric ward, and held there so that she could not communicate with me.

She is still in the hospital, with that being the sole reason.

Now, I have been told by the doctor that her parents are trying to 'sue' me. I have no more details than that, so I'm not sure what they have done, or are doing, or what they are likely trying to claim.

I'm not sure where I stand in terms of holding a minor without parental consent, since I'm a minor too. It wasn't against the minor's wishes, but they are not taking this into account.

As you can see, it's a pretty strange situation, and I'm not sure what is happening, exactly.

I think I'm more likely to leave Thailand and go to England until the situation calms down, but I was just wondering what would happen if it were to go to court and I didn't have legal representation, and just an interpreter.

Your grammar is very good. You mention your 18. Your tgf 17. Any reasonable person would call you a troll. If not, and you come across reasonably clever, why are you even concerning yourself. Just move on. You really think this is life long relationship with most likely zero funds. Involved with an estranged tgf here in los whose parents hate you. Thinking if I was the USA papa I would be doing the same. Buggar off back to UK. Edited May 31, 2016 by jacksam

[BlindMagician]

What are you guilty of?

Represent yourself? Save time and money, just walk straight into the nearest prison. Cut out the middle steps.

Eerr...best of luck!?

[Morakot]

What are you guilty of?

Represent yourself? Save time and money, just walk straight into the nearest prison. Cut out the middle steps.

Eerr...best of luck!?

Give the boy a break! Is not accused of anything.

He just had someone's dad breathing down his throat, or more likely scaring the living daylights out of him, who wants him to stay away from his daughter.

Edited May 31, 2016 by Morakot

[jacksam]

What are you guilty of?

Represent yourself? Save time and money, just walk straight into the nearest prison. Cut out the middle steps.

Eerr...best of luck!?

Give the boy a break! Is not accused of anything.

He just had someone's dad breathing down his throat, or more likely scaring the living daylights out of him, who wants him to stay away from his daughter.

And rightly so! Anyway he is having enjoyable time playing on TV Edited May 31, 2016 by jacksam

[Suradit69]

Don't believe for one minute you will not get proper justice in a Thai court....from my experience it makes no difference where your from....I'm a foreigner and took a Thai to court ....the verdict was in my favour easily...I had a lawyer ....the Thai represented itself....if the Thai had a lawyer the verdict would have still been the same....justice is still there if you done nothing wrong

That's great to hear, mrboats. Thanks!

Everyone else is saying there is no chance of winning, even if you're innocent!

They're bar stool legal "experts" who mindlessly bash anything Thai. They haven't even understood what you said about the nationality of the father.

[jacksam]

Best troll of the day....

OK let me think title for a post....

My wife stole my truck and changed locks on door of our house...its in her name. What rights do I have.

[benthesheep24]

No charges as yet? .

You didn't give basis of charges. While none of our business, more info would enable better advice. Also your ties here? Depending on LOT of things, the member stating above that "Vietnam is nice this time of year"

Some things go away some don't.

No one can advise you because there is no indication from you the level of seriousness.

I apologise for not being able to provide details.

In all honesty, that's because I'm not really sure. It is an incredibly long story.

An overview:

I am 18, and have a girlfriend here who is 17. I moved here from England about 5 months ago. Her parents hate me. Her dad is American, and her mother Thai.

Recently, they have decided that they want me out of her life. I admit that I've done some rather stupid things, but they were all in my girlfriend's best interest, in my opinion.

She doesn't have the best relationship with her parents, and sometimes hasn't wanted to go home at the end of the day.

The main incident occurred about a month ago. She didn't want to go home because her father was only able to talk about ways in which he was going to kill me, and it was making her incredibly depressed. She didn't want to go back to that, so stayed over at my condo that night. The next morning, her mum came and the condo called the police so that they could use the key to get in. The police said they would not have any charges against me, since my girlfriend was leaving then.

She was taken to hospital by ambulance, and I went with her. She was then taken to a psychiatric ward, and held there so that she could not communicate with me.

She is still in the hospital, with that being the sole reason.

Now, I have been told by the doctor that her parents are trying to 'sue' me. I have no more details than that, so I'm not sure what they have done, or are doing, or what they are likely trying to claim.

I'm not sure where I stand in terms of holding a minor without parental consent, since I'm a minor too. It wasn't against the minor's wishes, but they are not taking this into account.

As you can see, it's a pretty strange situation, and I'm not sure what is happening, exactly.

I think I'm more likely to leave Thailand and go to England until the situation calms down, but I was just wondering what would happen if it were to go to court and I didn't have legal representation, and just an interpreter.

Your grammar is very good. You mention your 18. Your tgf 17. Any reasonable person would call you a troll. If not, and you come across reasonably clever, why are you even concerning yourself. Just move on. You really think this is life long relationship with most likely zero funds. Involved with an estranged tgf here in los whose parents hate you. Thinking if I was the USA papa I would be doing the same. Buggar off back to UK.

With all due respect, you seem to have misunderstood the scenario. I'm not sure how "any reasonable person would call [me] a troll". I am simply showing some intelligence, in a world in which you believe all teenagers to be stupid, or lack basic grammar. If one opens one's eyes, the full picture suddenly becomes visible. I believe you are still asleep, from what you describe, and your pre-determined notions about the intelligence of all persons of my age.

[benthesheep24]

What are you guilty of?

Represent yourself? Save time and money, just walk straight into the nearest prison. Cut out the middle steps.

Eerr...best of luck!?

Give the boy a break! Is not accused of anything.

He just had someone's dad breathing down his throat, or more likely scaring the living daylights out of him, who wants him to stay away from his daughter.

And rightly so! Anyway he is having enjoyable time playing on TV

You really seem to have some problem grasping that this is real, and I'm not sure why. I am 18, and have good grammar, but that is not as uncommon as one may be lead to believe in this modern, and, I may say, rather hopeless, world we find ourselves in!

[benthesheep24]

Ben, I think you're in a quite vulnerable position, as you cannot speak basic Thai or have someone who can speak for you. You couldn't manage to file a police report! I think that's alarming.

It's pointless to speculated what what kind of charges these people are trying to come up with. From your side of the story, it would be hard to imagine that this could really come to court. But having said, if it were---you would be hopelessly lost, if I may so.

The problem wasn't that I COULDN'T file a report; I just didn't want to because I thought it to be too futile, given that there were no witnesses, and because I know that my age would work against me in such a case, so I decided to leave it after it proved to be a problem with the language barrier.

The incident was quickly moved on from, but I used it here as an indicator of the volatility of this man.

[benthesheep24]

Get out of town, like right now. Book a flight and leave the country. Go anywhere. Just make sure your passport/visa is in order.

Like the old saying.

He that fights and runs away, may turn and fight another day. But he that is in battle slain, will never rise to fight again.

I appreciate your advice, and I have the intention of leaving and running from this. The only reason I ask for advice about the court system is because I am the type of person who will consider them to have won if I 'give up'. What they want is for me to leave, and get out of Thailand, so how will they not have won if I go? My instinct tells me to go and fight it, but logic tells me that it is easier to avoid this. I'm not one for taking the easy way out: let it be known.