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How to submit a petty case to the Court and what are the procedures for proceeding a petty case?

A petty case is subject to the same court fees as ordinary civil cases but the total amount of such fees shall not exceed 1,000 baht.

A petty case is also subject to other expenses as ordinary civil cases. The plaintiff may file a petty case to the Court either by filing a plaint in writing or by appearing in person to state his or her claims verbally before the Court.

If the plaintiff appears in the Court to state his or her claims verbally, the Court shall write down a detailed memorandum of such claims.

Upon acceptance of such case, the Court shall fix the date for hearing as soon as possible and shall issue a summons setting forth the issues of the case. Such summons shall have a statement requiring the defendant to appear before the Court on such date for reconciliation, to make an answer and to take evidence, and the Court shall order the plaintiff to appear on such date.

If the defendant does not make an answer, the Court may, at its discretion, proceed with the trial of the case whereby the defendant is deemed to be in default of answer.

Unless the Court grants permission for an adjournment of the case, if the plaintiff does not appear before the Court on the date fixed for a hearing, it shall be deemed to be an expression of his or her intention not to proceed with the case. The Court shall issue an order to strike the case out of the case list.

On the date fixed for a hearing, the Court shall, upon the plaintiff’s and the defendant’s presence, reconcile the parties at its first occasion.

In a petty case, the Court may adjourn the case only upon the cause of necessity and each adjournment shall not exceed 7 days.

In taking evidence, the Court may call a witness for taking evidence itself. The Court shall examine such witness first and the parties or their lawyers may further examine the witness. In making the record of the witness testimony, the Court may record it summarily.

The Court is not required to make settlement of issues in accordance with Section 182 (5) of the Civil Procedure Code.

 

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