What factors should be taken into consideration in determining to which Court the plaint should be filed?
- The type of case; whether which Court is competent to try and adjudicate such case.
- The amount of money in dispute; whether such case is within the competence of the Provincial Court or the Kwaeng Court.
The Provincial Court is competent to try and adjudicate the following cases:
The Provincial Court is competent, generally, to try and adjudicate every kind of case except those cases that are specifically prescribed by the law to be subject to the competency of any other Court, for instance, the Court with specialties on a certain kind of case.
The Provincial Court is situated in every province or in some districts.
However, only civil cases of the following nature will be in the competence of the Provincial Court:
- cases with the amount of money or value of property in dispute exceeding 300,000 baht;
- non-monetary related cases where the claimant requests a cessation of disturbance, annoyance or damage, for example, claims for eviction or servitude;
- non-contentious cases, for instance, a request for appointing an administrator of the estate, a request for the Court’s acknowledgment of an acquisition of an ownership of a land via an
adverse title, a request for the Court’s order determining a person as incapacitated, quasi-incompetent, or disappeared, etc.
However, in any province where there is no Kwaeng Court, the Provincial Court shall enjoy the competency to try and adjudicate cases under the jurisdiction of Kwaeng Court.
The Kwaeng Court is competent to try and adjudicate the following cases:
- The Kwaeng Court is competent to try and adjudicate petty cases and to inquire or to issue any order that is within the authority of a single judge.
- In civil cases, the Kwaeng Court is competent to try and adjudicate the cases which the amount of money or value of property in dispute does not exceed 300,000 baht.