Yes, after the defendant has submitted the answer, the court may fix the date for settlement of issues in some complicated cases. And on that day, both parties are required to appear. If a party fails to appear, it is all right, but he may lose the right to contest against the order of the court subsequently. After settling the issues, the court will fix the date for taking evidence, one after the other.
The trial is to be held in the court before the two parties, after which the decision thereon is to be given by the court. The losing party becomes the judgment debtor and has to pay the debt according to the judgment. If he fails to pay, the judgment creditor may apply for the writ of execution to appoint an execution officer who will do all execution work for the judgment creditor to attach or seize the property of the judgment debtor and auctions it. If the proceeds from the auction do not cover the pending debt, the plaintiff can later seize more property, if any. If not, the plaintiff has to wait until new property is available but not more than 10 years.
Does the Thai procedural law have provisional measures before judgment?Yes, we do many measures to protect the rights of both parties. A foreign plaintiff’s case may be struck out of the case list if the plaintiff fails to provide the security against possible failure to pay the case’s cost when he lose the case in the end.
Most provisional measures are provided for protecting plaintiff’s benefits more than defendant’s such as seizing defendant’s property before judgment, ordering defendant to stop further wrong doing against the plaintiff or to have the children taken care of by another person during the on going of a divorce case, etc. In some emergency cases, the court has to hold an inquiring trial until late at night some times to give out a protecting measure right after inquiry.Protecting measures happen quite often in civil litigations.
By HUAHIN LITIGATION LAWYER
WWW.K-HUAHINLAWYER.COM