Frequently Asked Questions – Thai Law

Criminal cases

Can my criminal case be settled with the other party?

Some offences in Thailand are "compoundable": they can end through settlement or withdrawal of the complaint. Many others cannot, even if the injured party forgives you. For compoundable offences, the injured person generally has to file a complaint within three months of learning of the offence and the offender. Whether your charge is compoundable depends on the exact offence alleged, and a badly worded settlement can leave you exposed. Since 2010 we have negotiated settlements for foreign and Thai clients, and we make sure any agreement actually closes the case. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

Will I go to jail? What are my chances of a suspended sentence or acquittal?

No honest lawyer can promise an outcome. A suspended sentence is only possible if the prison term the court actually imposes is within the legal limit (generally not more than five years), and it also depends on your background, the circumstances and steps such as compensating the victim. Acquittal depends on the evidence and how the defence is built from day one. We assess the evidence early, prepare mitigation and defence strategy together, and explain each realistic scenario to you in English. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

Will I be detained, and how much is bail?

Detention and bail depend on the offence, the evidence, flight risk and, for foreigners, factors such as passport and visa status. There is no fixed bail amount, and in some cases release can be granted without security or with a guarantor. The first 48 hours matter most. We act quickly to prepare a bail application and supporting documents so you or your family are not left guessing. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

The police summoned me to acknowledge charges. Should I deny or stay silent?

You have the right to remain silent and the right to have a lawyer present during questioning. What you say at the first interview is recorded and can shape the whole case, so do not attend unprepared or sign statements you do not fully understand. Translation errors are a common pitfall for foreigners. We can attend with you, review the summons and advise on the best position before you give any statement. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

I was cheated or assaulted. Should I report to the police or file a private prosecution?

Both routes are possible. A police complaint leads to a state investigation; a private prosecution lets you, as the injured person, file directly in court, where it first goes through a preliminary hearing. Each route has different time limits, evidence demands and strategic effects, and for compoundable offences the three-month complaint deadline applies. Not everyone who suffered loss qualifies as the legal "injured person". We help you choose the route that fits your goal, whether punishment, compensation or both. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

Family cases

We were not legally married and have separated. Do I have rights to property and the children?

Couples who did not register their marriage have no automatic marital property. However, assets that were genuinely earned or acquired together may be co-owned, and this must be proven, for example through the source of funds and payment records. Gifts or inheritance received by one partner usually stay theirs. Regarding children, if the father has not legally legitimated the child, the mother generally holds parental power; a name on the birth certificate alone is not enough. We help foreign and Thai partners identify what can be claimed and secure the right evidence. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

Can I file for divorce, what evidence do I need, and can I claim compensation from the affair partner?

A contested divorce requires a legal ground, such as adultery, abuse or desertion under specific conditions, and you must prove it. Simply falling out of love is not always enough. Messages, photos, witnesses and transfers can help if they are linked to the ground. Compensation from a spouse or a third party is not a fixed amount; the court decides based on the circumstances, and some claims must be brought within one year. Consent or tolerance of the conduct can bar a claim. We assess your grounds and evidence and protect your deadline. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

Who gets custody, and how is child support decided?

Thai courts decide based on the child's best interests and welfare, not on gender or income alone. Parental power, where the child lives, visitation and support are separate questions. There is no fixed percentage for child support; it depends on the payer's means, the child's needs and the situation, and it can be varied if circumstances change. We present your role as a parent clearly, including in cross-border situations involving foreign parents. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

How is marital property divided, and what if my spouse secretly transferred assets?

On divorce, marital property is generally divided equally, but first assets must be classified as personal property, marital property or joint debt. Certain transfers made without the other spouse's required consent can be challenged in court, and interim protective measures may be available, but such transfers are not automatically void and strict time limits apply. Acting late can mean losing the right. We trace assets, protect them early and handle the classification for you. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

We agree to divorce. Should we register at the district office or settle in court?

A divorce by mutual consent of a marriage registered in Thailand requires a written agreement, two witnesses and registration at the district office. An agreement attached to registration can be binding, but if it is breached you usually have to sue to enforce it. A court consent judgment can be enforced directly if the other side defaults. Which route is better depends on property, children, foreign elements and trust between you. We draft clear, enforceable terms and advise which route protects you. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

General civil cases

Has the limitation period on my claim expired?

It depends on the type of claim, when the right could first be exercised, the due dates and whether anything interrupted the period. Loans, credit cards, service contracts, wrongful acts (torts) and inheritance all have different rules, and the title of a contract alone can mislead. Many people lose valid claims simply by waiting. We check your documents and tell you clearly whether and how quickly you need to act. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

I won my case. Will I actually get paid if the debtor has no assets?

A judgment does not guarantee payment. Money is recovered by seizing or attaching assets or receivables through enforcement, within a legal time frame. Certain assets and part of a person's income are protected by law. That is why we assess the debtor's assets, mortgages and other creditors before filing, and we pursue enforcement afterwards so the judgment is not just paper. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

Can LINE chats and bank transfer slips be used as evidence?

Yes, they can be admitted as evidence, but admissible is not the same as sufficient. For a loan over 2,000 baht, Thai law requires written evidence signed by the borrower; chat messages and electronic signatures may satisfy this if certain conditions are met. A transfer slip with no message showing it was a loan may not be enough. Keep the full conversation, the original device and bank records. We evaluate whether your evidence is strong enough before you spend money on a lawsuit. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

I have been sued and have no money. Will my house be seized or will I go bankrupt?

Check the court summons and its deadlines immediately; negotiating with the creditor does not stop court deadlines. Your house could be subject to enforcement depending on ownership, mortgages and others' rights. Being in debt alone does not make you automatically bankrupt; a bankruptcy case requires additional legal conditions. We review your situation, defend the case and explore settlement or payment arrangements. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

Are litigation costs worth the amount I might recover?

Weigh both the chance of winning and the chance of actually collecting, and include costs all the way to enforcement, not just lawyer's fees. Court fees, service, witnesses or experts, asset tracing and time all matter, and costs awarded by the court do not necessarily cover actual fees. Alternatives such as a demand letter, mediation or a payment agreement may be better. We give you an honest cost-benefit assessment before you commit. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

Other FAQs

Can you handle my case as a foreigner?

Yes. Most of our clients are foreigners. Barrister Garn Tuntasatityanond, licensed Thai lawyer (licence no. 3417/2553), has practised since 2010, and our team understands the rules and practical issues that apply to foreigners in Thailand. Message us on WhatsApp at +66 86 565 1791 for an initial assessment.

How will you communicate with me throughout the process?

We communicate in English and Thai, explain Thai law and each step of your case in plain language, and give you a dedicated point of contact with regular updates by WhatsApp, LINE or email.

What is your experience in handling cases similar to mine?

We have handled criminal, family and civil matters for foreign and Thai clients since 2010. In the initial consultation we explain how we have approached similar matters, without promising any result, and propose a tailored strategy.

How do you resolve cases efficiently, and how are fees assessed?

We assess the case first, identify the most efficient route (including settlement where suitable) and keep you informed. Fees depend on the type and complexity of the matter, the stage and the work required; we explain them to you privately after reviewing your case.

Do you offer an initial consultation?

Yes. Contact us with a short summary of your situation and we will arrange an initial consultation to assess your options.

What documents should I prepare?

Anything related to your matter: passport, court or police documents (with envelopes and dates received), contracts, chats, transfer slips, photos and a short timeline. Sending everything early helps us act faster.

General information only, not legal advice for your specific case. Outcomes depend on the facts and evidence.

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