Did you encounter a legal problem in Thailand? You are not alone, and here’s an article to shed a light on the country’s litigation process.
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The law is often confusing for an expat, as the legal system in the country they’re staying in is often different from their home country. When it comes to the legal system of the host country, it can be difficult to find the answer to your question without help. Here’s an article that tries to clear up some of your confusion by answering some of the most frequently asked questions about litigation in Thailand.
Is there a jury system?
No, there is no jury system in Thailand. In the Thai courts, judges make all decisions about guilt and innocence. The number of judges who sit on a panel also varies depending on the severity of the case. Judges often have specialised training related to their area of expertise, so it’s important that you discuss your case with someone who has extensive legal knowledge before going ahead with filing a case.
Who has a right to represent you?
Anyone can file a case on your behalf, but usually, it will be done by someone who works for a law firm or other legal organisation that specialises in cases like yours. For those with cases in Thailand, it is best to approach a litigation lawyer in Bangkok or in the area where you are currently based. You should always have an attorney representing you if possible because they know how to handle these types of cases better than non-professionals do.
What happens when you go to court?
This depends on what type of case you are involved with and where the trial takes place – Bangkok or elsewhere in Thailand. The procedures vary from one part of the country to another, so it would be best not to think about it until you are actually in front of a judge.
Is there a process for appeal?
If you are not happy with the outcome of your case, you have the right to appeal the decision. The process for doing so will vary depending on the court which heard your original case. For instance, should in any case a party disagree with the decision of the Court of First Instance, they have a right to appeal the decision, and this is done by filing a notice of appeal with the Court of First Instance within 30 days from the date of notification of the judgment. The appellant must also file an affidavit in support together with certified copies of all relevant documents within seven days from filing the notice of appeal.
Can you sue someone outside of Thailand?
Yes, foreigners can sue people or companies outside of Thailand as long as they can establish that there was an injury inside the Kingdom of Thailand which gives them grounds for suing someone here. It is important to note that the statute of limitations may be shorter in other countries, so it is best to speak with a lawyer if you have any questions about your specific case. Additionally, there may be other requirements that must be met before a court will grant a judgment against someone outside of Thailand.
What happens if you win the case?
If the court rules that you have been wronged, then they will issue an order telling the other party to stop doing whatever is causing you harm and to pay damages as compensation for what happened. In some cases, these orders can be enforced by using police or military power but usually, there has already been compliance from those being sued before any legal action was taken, so this rarely ever becomes necessary. However, no one should ignore a court ruling because enforcement procedures may eventually come into play, even after years have passed since the time when judgment was first given. The final outcome of every lawsuit depends on how much willingness exists among all parties involved to comply with judicial decisions.
In conclusion, every situation is unique and there are no easy answers when it comes to litigation in Thailand. You should always consult with an experienced lawyer before taking any legal action to make sure you understand the risks involved and what is likely to happen based on the facts of your case. Remember that compliance with court rulings is essential for a successful outcome, regardless of how long it takes to get there.
