What is a Breach of Contract case and who can file it?
A Breach of Contract is a civil matter filed at the ศาลแพ่ง. Typical use-cases: สัญญาก่อสร้าง · สัญญาจ้าง · สัญญาบริการ.
The right to sue belongs to the directly injured party (plaintiff), or an attorney-in-fact holding a properly executed Power of Attorney. Statutes of limitation are strict — exceeding them extinguishes the right of action. We always verify limitation periods before accepting a brief.
Documents and evidence to prepare
Core documents: complaint, witness list, copy of ID card or corporate certificate, Power of Attorney if applicable, proof of legal relationship between the parties, and proof of damages.
Evidence: lay witnesses (at least two), documentary evidence (contracts, receipts, LINE/email logs), physical exhibits (products, photos, video), and expert witnesses in technical cases (engineers, doctors, accountants). Our team organises and weights every exhibit before filing.
Stages of a Thai lawsuit
(1) Intake and case assessment (1–3 days) → (2) File the complaint + pay court fees → (3) Court serves the summons → (4) Defendant files an answer (15 days) → (5) Mediation / settlement conference → (6) Plaintiff's evidence → (7) Defendant's evidence → (8) Judgment → (9) Enforcement if the judgment is not voluntarily honoured.
Total duration is roughly 8–18 months. Fastest path: settlement at mediation (happens in roughly 45% of cases). Slowest path: appeal and Supreme Court review (+12–24 months).
Costs and how court fees are calculated
Court fees: 2% ของทุนทรัพย์, paid at filing and not refundable even on withdrawal. If the plaintiff prevails, the court can order the defendant to reimburse court costs and a statutory attorney's fee.
NYC Legal attorney fees are quoted per matter — the drivers are case value, complexity, the number of evidentiary hearings and travel to the competent court. You always receive a written quotation before we take the file, payable in stages (filing · evidence · judgment · enforcement).
Why work with NYC Legal
Our litigation team averages 12+ years of practice before the ศาลแพ่ง. Each Breach of Contract file is assigned to a specialist — never a generalist taking on every case type.
We operate an online Case Tracker so clients can see status, exhibits and hearing dates 24/7, and our in-office Notary Public team of six can attest affidavits and exhibits on the spot.
Frequently asked questions
How long does a Breach of Contract case take?
On average 8–18 months to first-instance judgment. Mediation can close it in 1–3 months; appeal adds 12–24 months.
What are the court fees?
2% ของทุนทรัพย์, paid at filing (statutory scale). Attorney fees are quoted per matter after a free case review.
How do you assess the strength of a case?
We do not publish outcome percentages — results depend on the evidence and the court's discretion. What we do give you, in writing and before engagement, is an assessment of the facts, limitation periods and evidentiary weight in your Breach of Contract matter, including the risks.
Can I file without an attorney?
Thai law does not require counsel, but procedural rules in the ศาลแพ่ง are unforgiving. The risk of losing on a technicality is high — we recommend at least a consultation before deciding.
What if I win but the defendant refuses to pay?
We move into enforcement: asset seizure, wage and bank-account garnishment, public auction, or even a bankruptcy petition. We handle every step.