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Civil cases generally cover property and business disputes, personal domestic controversies, divorces, torts, and such other types where a party's rights are breached.
So many times, I heard clients saying, "She/he cheated me. I go to the police", only to be disappointed and frustrated when the police officer answers, "Sorry Sir, we cannot help you. You should refer directly to the Court."
Language and mentality's barriers do not help either.
Civil actions are lawsuits brought before courts whereby a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.
Several factors are taken into account in the filing of a civil lawsuit. These include the proper designation of the case, the jurisdiction of the court, the determination of the proper parties, and many others which will make the assistance of a lawyer indispensable. Failure to properly determine any of the said factors can cause serious consequences, like the early dismissal of the suit.
All court proceedings are required to be conducted in Thai language, except in some special courts. Documents made in a foreign language must be translated into Thai. Only original documents are admissible in evidence, save in some instances. Preponderance of evidence is enough to prove one's claims in a civil suit.
Until a final adjudication of the case is reached by the court, a Thai lawyer's participation is crucial. Not only because the court proceedings are conducted in the native tongue, but because there are also remedies and practices which are atypical to the Thai judicial system. Your lawyer must be able to take you through the entire process, not only until the judgement stage at the Court of First Instance, but through possible stages of appeal with the Appeals Court and the Supreme Court.
We pursue Civil Prosecutions to obtain financial reimbursement for individuals and companies who are victims of Fraud, Embezzlement, Theft, Breach of Contract, etc. that resulted from business dealings in Thailand. We immediately petition the court to freeze assets and then institute the seizure and sale of offender assets to compensate victims of crimes.
A good English-speaking civil or criminal lawyer in Thailand will, first of all, analyse the case and inform you if the issue can be classified as a "Penal felony," a crime, or as a civil infraction. Most importantly, he should warn you of the possible implications that filing of a lawsuit (criminal or civil) might entail and imply.
The lawyer will also inform you of the timing, the costs, and the possible outcome. If you are in need of any legal assistance, please call us or leave a message and we will contact you as soon as possible.