Yes, he has to pay the plaint entry fee at 2% of the amount of claim but not more than 200,000 baht except the case to enforce mortgage at 1% and not more than 100,000 baht, for a petty case with a claim not more than 300,000 baht, the plaintiff is to pay a special entry – fee only 200 baht. Besides, he has to pay a small sum of around 300-500 baht for sending a copy of the plaint to the defendant, depending on how far away from the court the defendant lives. If you win the case, you will become a judgment creditor and you are entitled to get back part but not all of the cost and the judgment debt including some lawyer’s fees which will not be so much as that you have really paid. And if the defendant does not pay you the judgment debt, you will have to pay some small money as the cost of execution to the executing officer around 500 baht being the expense to seize defendant’s property for auction. I would advice you, “Money lent is money given.” If you think like this, you will be blessed. A mortgage is better than nothing.
If it is a personal debt (jurisdiction in personam) such as to claim back the money that you lent to man, you may submit it either to the court of defendant’s domicile or to the court where the cause of action arose. If the defendant is domiciled on the outside of the kingdom, the plaint can be submitted to the court where the defendant’s executable property is situated.
A person having a dispute with others can go to the court for trial and adjudication. Courts of justice do not give advisory opinions. They have power only to try a dispute and give out the decision on that. However, in some circumstances, a person may need an order of the court for some particular purposes such as to appoint an administrator of estate, for example, though there is no dispute the person has to go to the court also for such an order.
) The Constitutional Court. This court is only one in number and is typically called the political court, located at Pahurad District in Bangkok with nice presiding judges of old age not exceeding 70, however. It is empowered to interpret whether the provision of law in question is contradictory to the constitution or not. If it is, the Court will rule it unconstitional and, as a result, unenforceable. Another power is to dissolve the political party that has committed a wroong political act like buying votes in election, for example. This Court has its own procedure taking the general principles of civil procedure, however, i. e., to try a case in the court before the parties of the case.
Any body of maturity, who is not bankrupt or Mentally incapacitated, can be appointed by The court to be an administrator of estate.Even a foreigner can be one . Two person are advisable to be appointed so that they can help And check each other for transparency. It is to be mindful that to embezzle the estate administered by him/her is a criminal offense.
Any body who has interest in the estate such as an heir or acreditor including the public prosecutors are entitled to apply to the court Having jurisdiction to handle civil cases, but not a magistrate court or a criminal court. To bring an administrator suit is quite easy and very cheap. You may spend not more than 50 US dollars inclusive of the lawyer fee and court fees to apply for such an appointment. The problem that arises very often is the dishonesty of administrator So the appointment of two or more may be helpful.You can be appointed an administrator yourself.
Yes, we do Moreover, an administrator of estate Is absolutely necessary here to handle the whole estate in order to distribute it to handle the whole estate in order to distribute it to the heirs. According to their rights. An administrator can be appointed either by the testator himself or by an order of the court. However the administrator appointed by the testator is not acceptable to all people. It gives rise to a lot of problems. The heir or interested person has to apply to court. For judicial order which is acceptable to all concerned. The administrator is a legal representative of all the heirs. He/she may show a certified coy of the court judgment to all people concerned in the estate administration like showing it to the land authorities for transferring the land estate to the heir/s or showing it to the bank officers to cash out estate money
No, a trust is no longer allowed to be created here. However, the owner of property can organize a juristic entity such as a fund or foundation to take care of property donated and appoint a person to manage the property like a trustee for the beneficiaries prescribed .
A foreigner is entitled to adopt a child in Thailand only When he/she is fully 25 and the child is 15 years younger than he/she. It is easy if the child is his wife But if not he may need to receive approval from the Thai authorities because the society is concerned about the child welfare. You may take the child to adopt it According to your law. The adoption and the termination must be registered with the Thai authorities or the authorities of the foreign country concerned with the consent of the child parents in case of a minor child. The adopted child has the same right as a legitimate child, particular to claim for maintenance from its adopting parent/s during childhood and is entitled to succeed its parents heritage