Legal consultation | corporate legal work | legal action | police cases in Thailand

For us living in Thailand, causes of trouble occurring in our daily life/work are everywhere.

There are cases in which, Japanese common sense not being prevalent in Thailand, trouble results from a mutual misunderstanding. “I trusted him …” “That must have been OK …” Cases in which trouble results due to carelessness forgetting, we don’t know why that we are in a foreign country. And, vice versa, there may also be cases in which trouble results no matter how careful we should be.

Those who have just arrived in Thailand in particular will be stressed as perplexed, through they may have been warned, by the differences in customs between Thais and their own countrymen or under a cultural shock.

In some cases, solving trouble in Thailand requires Thai law. Please feel free to consult Thai Visa & Law Consulting before, wasting time suffering alone, the trouble becomes serious or for preventing trouble and the damage resulting therefrom.

Our services cover from supporting solution of personal trouble to out-of-court settlement, civil action, criminal action, e.g. lending/borrowing of money, breach of contract, victimization by fraud, theft, divorce consultation, male-female relationship, husband and wife relationship, consumer trouble, traffic accident trouble, inheritance, condominium security deposit, land/building acquisition trouble, consultation when sued.

Credit check, family investigation, personal background investigation.

Corporate legal work

We make legislative responses in establishment of a shop/company/factory to its business activity.
Contract document check before contract conclusion, creation of a contract document, breach of contract, business negotiation with Thai local companies, labour and management trouble, industrial accidents, work regulations, employment and disemployment, strike, dispute settlement, negotiation with public offices about trouble,

copyright, trademark, patent, notarization, international trade, M&A.

Police cases

•  Filing a claim.
•  When restrained by police.
•  When called by police.
• Other police office affairs.

Telephone

06-1562-8966 (Thai-English)

Service charge

On a time basis of the response. Basically 3,000 baht per hour. On an estimation basis in case of continued response.

Legal costs

* The mobilization fee should be paid when entrusting work.

* The reward money accords with the work results on a case-by-case basis.

* The actual cost includes such expenses as translation fee, investigation costs, court interpretation fee, etc.

• In calculating the cost, the lawsuit’s scale/response time/difficulty level is taken into consideration.

A composition of Thai courts

At present, the 2007 Kingdom of Thailand Constitution is the supreme law. The court institution is a Civil Law formed of the 4 fundamental laws of the Civil and Commercial Code, Civil Procedure Code, Penal Code, Criminal Procedure Code. There being no jury system, the judge judges each case.

Classification of Thai courts

The Constitutional Court    > Tries if a present law or regulation infringes on the Constitution or not.

The Administrative Court  > Deals with disputes between a private company/private person and a government Organisation, between government   Organisation/government officials.

The Courts of Justice > Deal with civil cases, criminal cases, intellectual properties, tax matters, labor, trade, bankruptcy law, etc. and matters related thereto.

The Military Court   > Deals with criminal cases with which military personnel are concerned.

Composition of the Courts of Justice

Ordinary court

Deals with civil cases, criminal cases. A three-tieredcourt system.

The court of justice of the first instance (saan chantoon), ② the appeal court of justice (saan uton), ③ the supreme court of justice (saan dika)  An appeal must be filed within 1 month after a decision and an application document for suspending the execution of decision must be submitted separately.

Juvenile/domestic court

Deals with criminal cases with which juveniles (7 years old ~ 18 years old) are concerned and domestic cases, e.g. parent’s right/divorce. Appeals are filed with the appeal court of justice.

Specialized courts

• Labour court
• Central tax affairs court
• Central bankruptcy court

Central intellectual property/international transaction court

While the labor court has branches in various places, the other specialized courts are located in Bangkok only. The specialized courts being in a two-tiered court system, appeals are filed directly with the supreme court of justice.

Civil action procedure

In preparation for filing a lawsuit, please provide the lawyer with accurate information of a background to the matter. Necessary documents will be created according to the content of your contention and to evidence collection (paper, E-mail, photograph, voice recorder, etc.).

Submit a complaint to the court. (Accusatorial procedure)

After the complaint is received, the defendant is served with a date-specified summons and a complaint.

The defendant files with the court an answer approving or disapproving the fact situation in the complaint or describing his or her contention within 15 days after its receipt. The plaintiff gives an account within 15 days after receiving the defendant’s answer.

The date of oral proceedings is designated at the date of the pretrial inquest. In some cases, the court may advise reconciliation.

At the court ・ Date of the first instance, first time (oral proceedings). The plaintiff and the defendant continue making their contentions by mutually showing the evidence in front of the judge. Thereafter there are oral proceedings on several occasions.

The judge, ascertaining the contentions of both sides, delivers a sentence by the law based only on matters that came to be known from the evidence.

If dissatisfied with the ruling, an appeal is filed with a higher court for judgment.

If the other side does not obey the final decision even if the plaintiff has won the case or if the defendant does not pay the money, hand over the object and so on even if an amicable settlement has been established, the court is pleaded with for compulsory execution to attach the defendant’s such assets as bank deposits, salary, real estate, automobile, furniture and equipment, etc.

For trouble prevention/trouble solution/legal consultation/legal action in your life or work in Thailand, please contact Thai Visa & Law Consulting.