Sue debtor by yourself without lawyer.

Sue Debtor by Your Self

When one has to sue a debtor by themselves, many may fear what they will encounter. Will they win the case once it’s filed? Can they still fight the other party without a lawyer? The answer is yes. However, they must prepare the evidence as follows:

– Chat logs of conversations reaching agreements

– contract

– Evidence of delivery

– Video clips

– Material evidence

   Suing a debtor by yourself can result in winning or losing, depending on documentary evidence and material witnesses as the main factors.Witnesses who are personally involved will be of secondary importance.Once the evidence is prepared and organized into court forms, it can be submitted to the court promptly.

Table of Contents

You can file a civil lawsuit without a lawyer and represent yourself.

What if I can’t make it to a scheduled court appointment?

Handling small cases in court by oneself

Self-litigation costs in civil cases.

Self-litigation

summarize

You can file a civil lawsuit without a lawyer and represent yourself.

Because there’s no law mandating the use of a lawyer to access court services.

   However, in legal matters and various procedural steps that may be unfamiliar to the general public, having a lawyer is necessary to oversee the litigation process.

   If you want to proceed with the case on your own, you can do so similarly. Start by contacting the court where the debtor is registered. You can check this information directly from this website. https://pubdata.coj.go.th/jurisdiction/

What if I can’t make it to a scheduled court appointment?

   Once the court accepts a lawsuit, it schedules appointments for all parties to appear on the specified date and time. Initially, there may be a waiting period before the first appointment.
Court dates proceed in the order of each case within the court’s docket. Courts with many cases may have longer waiting times, while those with fewer cases may have shorter waits. The first appointment could be scheduled within 1-2 months, or it could take up to 4 months.

   However, many people may still fear representing themselves in court. It must be said that appearing in court is not as daunting as it may seem, especially in civil cases where there will be pre-trial conferences to facilitate settlement negotiations. These conferences typically involve a mediator or neutral third party, not the judge, who assists both parties in reaching an agreement.

   If an agreement is reached during the pre-trial conference on the first court appearance of the civil case, a settlement agreement will be made to resolve the dispute. This settlement agreement may include terms for debt repayment or compensation for damages incurred by either party.

   Then, the court will examine whether the settlement agreement violates any laws. If it does not violate any laws, the court will certify the agreement, known as a “consent judgment.” This marks the fastest resolution of the case.

Handling small cases in court by oneself

   For cases involving property valued at less than 300,000 baht, they are categorized as small claims cases. These cases typically involve straightforward matters, and the court is empowered to summon various types of evidence, making the process less worrisome for the parties involved.

   In seeking the truth, the court has the authority to inquire before allowing the opposing party or their attorney to ask additional questions. Furthermore, the court has the power to inquire about other relevant facts concerning the case, particularly in areas where no party can present evidence. This is in accordance with the Civil Procedure Code, Section 193.

Self-litigation costs in civil cases.

   The expenses of pursuing a case vary depending on the amount of money being claimed. This includes court fees, summoning fees, travel expenses, and witness accommodation costs.

• Claims with property value not exceeding 300,000 baht have court fees not exceeding 1,000 baht.
• For claims involving property not exceeding 50 million baht, the court fee is 2% of the claim value, capped at 200,000 baht. For amounts exceeding 50 million baht, the fee is 0.1%.

   But don’t worry, because if you win the case, the opposing party is obligated to reimburse you for these expenses

Self-litigation

In this case, let’s provide an example of suing based on a loan agreement and proceed according to the following steps:

1. Check the jurisdiction of the courts (there are 2 courts).
– According to the address in the debtor’s household registration. (You can check the court at: https://pubdata.coj.go.th/jurisdiction/ )
– In accordance with where the loan case originated. It means that wherever the loan was obtained, the jurisdiction of the court corresponds to that area.

2. Take the loan agreement to be stamped with revenue stamps and make three copies of the document.

3. Take a copy of the loan agreement you intend to sue with to any district or jurisdiction to obtain a copy of the debtor’s household registration

4. Then, take these documents to the court within the jurisdiction of the debtor’s residence, or wherever the loan agreement was made.
-Two copies of the loan agreement
-The household registration of the debtor

5. Notify the court officer that I request to file a verbal lawsuit.

6. Submit the prepared documents to the officer in duplicate. The officer will issue a black case number. Remember to note down this case number. Then, inform the officer that I request to call for a 5% annual interest rate from the date of filing until the debt is fully paid.

7. You must pay a court fee of 2% of the total claim amount, ranging from 200 to 1,000 baht. Additionally, you need to cover the fees for issuing summons and providing a copy of the complaint to the debtor.

8. Please check court appointment dates based on your availability

9. On the appointed court date as per your scheduling, check the black case number assigned to your case. Then proceed to the designated room indicated by the case number and enter for the case hearing. Inform the court officer in the room about your case and the corresponding black case number.

10. When answering the court’s questions, be truthful. If the proceedings conclude on that day, the court will render a judgment immediately. However, if not, you’ll need to wait for the court to issue a written order within 30 days.

summarize

   You can file a lawsuit against a debtor in court by yourself without hiring a lawyer. If it’s convenient for you, you can submit the lawsuit online at https://efiling3.coj.go.th/citizen/ or file it verbally in court. This option is available for claims not exceeding 300,000 baht.

   However, if you’re unsure about legal matters, it’s still advisable to consult a lawyer before proceeding. It’s always best to seek legal advice to ensure the best course of action.

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