In the case that the debtor does not pay or someone violates you or other civil cases, if the parties are still able to negotiate, there is another option that you can finish the case without filing a lawsuit but you have to file a request for mediation before filing a lawsuit to the court. According to the Civil Procedure Code, Section 20 ter, to request mediation with the parties, we can request the court to contact the parties. to come and mediate with you at the court where there are mediators to help you to mediate. If parties can agree with each other, the court will help you to make a compromise agreement. It may be an agreement for your debtor to pay in installments. Then, you can file a request to the court to have a judgment. After the judgment if your debtor defaults on payment, you can carry out the execution to appoint the executing officer to seize the debtor ‘s property. Don’t waste time filing a lawsuit again.
The advantage of filing a request for mediation before filing a lawsuit to the court is finishing the case without suing. The case may be finished faster because filing a lawsuit as usual will take longer. Before the court can arrange a hearing, at first a subpoena must be sent to the defendant. Moreover, suing will cost you court fees and delivery of a subpoena but the mediation before suing is not needed to be paid for court fees and you can submit the petition online at https://mediation.coj.go.th/. Don’t worry about statute of limitations for suing ,if the mediation is not successful. There will be an extension of the prescription for another 60 days, allowing the lawsuit to be filed in time.
The disadvantage of requesting to mediate the dispute before filing a lawsuit is inability to force the parties to mediate. He must come voluntarily. Nevertheless, there is a chance that parties will come in order not to be sued later.
Kitthi Naganidhi
0 Comments