What are the expenses incurred during a civil case proceeding?
The expenses incurred are as follows:
Court fees: court fees are the fees charged by the Court upon entry of plaints or motions filed or applied by the person whose rights and duties under the civil law are in dispute. For instance, Mr. A files a plaint with the Court, he then will be charged with the court fees as specified by the law. The court fees can be categorized as follows:
Cases with computable monetary value claim
These are the cases where the relief sought is to acquire a sum of money or a property which is computable in terms of money, and yet does not belong to him or her, from another person. The claimed amount of money or value of property, such as houses, lands or cars, shall be deemed as the amount of money in dispute, for instance, claims for performance of obligations under the loan, mortgage, suretyship agreement, or an agreement to sell or to buy real estate, etc.
In cases with computable monetary value claim, court fees for the amount not exceeding fifty million baht shall be the rate of 2 baht per hundred baht of the amount of money in dispute but shall not exceed two hundred thousand baht. For the amount exceeding fifty million baht, the court fees shall be charged at the rate of 0.1 baht per hundred baht of the claimed amount.
Cases with non-monetary claim
These are cases where the relief sought is to cease grievances or damage that is not computable in terms of money, for instance, a request for enforcing the defendant to take some action or restrain from doing certain action for the benefit of the plaintiff without any request or claim for a sum of money or certain properties.
In the cases with non-monetary claim, the plaintiff will be charged at the rate of 200 baht per case. The charge for the case where the relief applied for is partly computable in terms of money and is partly not computable shall be at the same rate charged for cases with computable monetary value claim but not less than 200 baht.
Court fees charged on the plaint regarding the recognition and enforcement of domestic arbitral awards shall be at the rate of 0.5 baht per hundred baht of the claimed amount which does not exceed fifty million baht, but this charge shall not exceed fifty thousand baht. In addition, the amount exceeding fifty million baht shall be charged at the rate of 0.1 baht per hundred baht of the claimed amount.
Court fees charged on the plaint regarding the recognition and enforcement of foreign arbitral awards shall be at the rate of 1 baht per hundred baht of the claimed amount which does not exceed fifty million baht, but this charge shall not exceed one hundred thousand baht. In addition, the amount exceeding fifty million baht shall be charged at the rate of 0.1 baht per hundred baht of the claimed amount.
The charges for the plaint requesting the enforcement or foreclosure of mortgage shall be at the rate of 1 baht per one hundred baht of the claimed amount, which does not exceed one hundred thousand baht and the amount exceeding fifty million baht shall be charged at the rate of 0.1 baht per hundred baht of the claimed amount.
However, if the defendant’s answer is against the case, the court fees shall be charged at the same rate charged for cases with computable monetary value claim. This rate only applies to those plaints which the claim relates solely to the obligation under the mortgage, which is an accessory obligation itself, but does not relate to the principal obligation. If the claims include the principal obligation, the court fees will be charged at the same rate charged for cases with computable monetary value claim, otherwise it will be considered as an evasion of court fees.
If the defendant answers that he or she did not receive any notice, this case shall be deemed as the defendant having made his or her argument and, thus, the court fees shall be at the same rate as charged for cases with computable monetary value claim.
Appeal or Dika appeal (an appeal to the Supreme Court) against orders made in accordance with Section 227 or 228 (2) (3) of the Civil Procedure Code shall be subject to 200 baht court fees per case but appeal or Dika appeal in accordance with Section 228 (1) shall not be charged.
Court fees for future claim: the plaintiff is subject to additional 100 baht court fees for future claim which is the claim in relation to rent, interest, and damages.
Besides those cases requesting a payment of interest, rent or damages upon which the Court is authorized to make a judgment or issue an order under Section 142 of the Civil Procedure Code, the plaintiff is subject to additional 100 baht court fees for this part of claim.
A request filed by any third person claiming that the execution against property of a judgment debtor affects his or her rights or preferential rights enforceable over such property is the case with non-monetary claim; thus, it shall be subject to court fees at the rate of 200 baht per case.
Preferential claims for repayment of debts secured by mortgage filed by a preferential creditor shall be subject to the court fees at the rate of 1 baht per one hundred baht of the amount of claim.
In such case, if the plaintiff opposes such claim, the secured creditor shall be subject to court fees at the same rate as charged for cases with computable monetary value claim. However, if such secured creditor is a judgment creditor, the court fees shall not be charged.
Charges for the preferential claims for repayment of debts shall be in accordance with the amount of money in dispute, for example, tax liabilities.
A request for the release of the property seized by the executing officer claiming that the defendant or the judgment debtor is not the owner of such property, the claimant shall be subject to the court fees in accordance with the value of property in dispute so requested. The amount of claim in this case shall be computable in separation from the original case.
Additional court fees
Normally, the court fees will be calculated as of the date of filing the plaint. If there is any amendment in furtherance thereto, or any other causes that result in the increased amount of claim, the plaintiff shall be subject to additional court fees charged on the amount increased.
Other court fees in civil cases
A request for an order directing the evidence to be taken at once under Section 101 before filing a plaint shall be at the rate of 100 baht.
Certification of copies of document made by the Director of the Office of Judiciary shall be at the rate of 50 baht.
Certification showing a judgment or order having become final shall be at the rate of 50 baht.
Other expenses
In civil procedure, the parties may be subject to other expenses, for example, cost of delivering a summons, allowance for survey and mapping, witness fees and traveling expenses, cost of examining documents by experts.
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