Thailand Civil Procedure Code-Section 149-160

CHAPTER III

COSTS

PART I
DETERMINATION AND PAYMENT OF COSTS AND EXEMPTION OF COURT FEES96

Section 149.97 Costs shall include court fees, fees for taking evidence out of court, commissions, travelling and accommodation expenses for witnesses, experts, interpreters and court officers, lawyer’s fees, proceeding expenses as well as other fees or expenses required to be paid by law.

Subject to the provisions of this Code or other laws governing exemption of court fees, a court fee on entry shall be paid by the party filing the plaint upon such filing.

A court fee shall be paid or deposited with a court in cash or certified bank cheque and a court officer shall issue a receipt thereof or carry out according to the procedure prescribed in the Regulations of the President of the Supreme Court.

The court fee and deposit with court for a plaint, an appeal, a petition, an interpleader motion, an answer or any other motion or request filed with the court together with a motion for exemption of court fees under section 156 as well as for any proceedings carried out in the stage of examination of such motion shall not be required to be paid unless the court dismisses such motion.

Section 150.98 In a case in which a request for relief can be computed in terms of money, the plaintiff shall pay the fee on entry in a court of first instance according to the amount of the claim or the value of the property in dispute.

With regard to the fee on entry on appeal or on petition, if the amount of the claim

or the value of the property in dispute on appeal or on petition is the same as in the court of first instance, the appellant or petitioner shall pay the fee according to such amount or value as in the court of first instance. However, if the appellant or petitioner is satisfied with only part of the judgement or order of the lower court and the amount or value involved on appeal or on petition is lesser than in the court of first instance, the appellant or petitioner shall pay the fee on entry according to such lesser amount or value.

When the fee on entry has already been paid, if the amount or value of the plaint or the appeal or the petition is increased by reason of the filing of a supplementary plaint, appeal or petition or otherwise, additional fee shall be demanded as provided in the Schedule annexed to this Code when the supplementary plaint, appeal or petition is filed or within a reasonable period of time as the court sees fit, as the case may be.

If, owing to the court’s order for any cases or case to be tried together or separately, any plaint or claim in a plaint is required to be transferred to another court or re-filed with such court or with another court as a separate case, the plaintiff shall be exempted from paying the fee on entry or re-entry of such plaint or claim, unless the amount or value of the plaint or claim is increased, in which case only the increasing portion of the fee shall be calculated and paid as provided in the preceding paragraph.

In the case where persons who are co-parties to the case in which the grounds of action are the performance of an indivisible obligation file appeals or petitions on a separate basis and both of them have paid the fee on entry on appeal or on petition in accordance with the provision of paragraph two, if such fee in aggregate is higher than the fee payable by the parties in the case where they jointly file an appeal or petition, the appeal court or the Supreme Court, as the case may be, shall issue an order of return of the excess fee to those parties in proportion to the fees paid by each of them, at the time of issuance of a judgement or order by such court.

Section 151.99 In the case where a court issues an order rejecting a plaint or in the case where an appeal, a petition or a request for a new trial is made and the court rejects such appeal,  petition or request for a new trial or the appeal court or the Supreme Court issues an order of dismissal of such appeal or petition without deciding the issues of such appeal or petition, the court shall issue an order of refund of all fees on entry.

When a plaint is withdrawn, or when a court decides to dismiss a plaint without precluding the plaintiff from re-filing the case, or when such case is finally settled by an agreement or a compromise or a judgement rendered in accordance with an arbitral award, the court shall have the power to order refund of the whole or part of the fees on entry to any parties paying such fees as it sees fit.

In the case of nonsuit or disposal of a case by a court order in any other cases, the court shall have the power to order refund of a part of the fees on entry as it sees fit.

If an appeal court or the Supreme Court issues an order directing the case file to be sent back to the lower court for a new judgement or retrial of the case, in whole or in part, as provided in section 243, the appeal court or the Supreme Court shall have the power to exempt the parties from paying the court fees for the re-proceedings of the lower court or for the filing of an appeal or petition against the new judgement of the lower court, as the court sees fit.

Section 152.100 Any other cost than the fee on entry shall be paid by the party who initiates the proceedings when such proceedings are carried out or within a period of time as required by law or as ordered by the court. If the court gives an order to proceed with any proceedings, the court shall determine a person who shall pay the cost for such proceedings, including a period of time within which such cost is to be paid.

If a person who shall pay the cost under paragraph one fails to make the payment, the court may order to stay or revoke such proceedings or may order the other party to pay such cost with such other party’s consent.

Section 153.101 Execution costs shall include execution fees, commissions, travelling and accommodation expenses for executing officers as well as all other expenses for the execution required to be paid by law.

An execution cost shall be paid by a creditor who applies for such execution.

In the payment of execution fees, an executing officer shall issue a receipt thereof.

In the case where the execution continues to be carried out in accordance with section 327 or section 329 (2), the creditor who carries out the continued execution shall pay the execution costs only for the part of properties subject to such continued execution.102

Section 153/1.103 The payment of costs under section 149 and execution costs under section 153 shall be made in accordance with the method and rates as provided in this Code or in accordance with the method and rates required by other laws.

Section 154.104 An executing officer shall have the power to order a creditor who applies for the execution to deposit the expenses for the implementation of measures for the protection of the rights of the parties during trial or deposit the expenses for the enforcement of a judgement or order in the amount as he or she thinks necessary. If the executing officer views that the amount deposited is not sufficient, he or she may notify the creditor who applies for the execution to deposit an additional sum of money.

If the creditor who applies for the execution views that the deposit under paragraph one is not necessary or the amount of the deposit is excessive, he or she may file a motion with the court within seven days from the date of receipt of the notification, requesting the

court to issue an order. Such order shall be final.

If the creditor who applies for the execution fails to comply with paragraph one or fails to comply with the court order under paragraph two, the executing officer shall stay the execution until the creditor has complied with the order of the executing officer or of the court, as the case may be.

The provision of this section shall apply, mutatis mutandis, to a creditor who carries out the continued execution under section 327 and section 329 (2).105

Section 155.106 A party who is unable to pay court fees may file a motion with the court for exemption of the court fees for suing or defending the case in a court of first instance or on appeal or on petition as provided in section 156 and section 156/1.

Section 156.107 Any person who wishes to apply for exemption of the court fees for suing or defending the case shall file a motion with the court of first instance in which the case will be or has been filed together with his or her plaint, appeal, petition, interpleader motion or answer, as the case may be. However, if such person has subsequently become a person who is unable to pay the court fees, he or she may file such motion at any time.

In filing the motion under paragraph one, the applicant may present evidence together with the motion and if the court sees fit to examine additional evidence, it shall conduct such examination at prompt to the extent necessary. The court may issue an order to temporarily stay the proceedings of such case, in whole or in part, until the decision on the motion for exemption of the court fees has become final, as the court sees fit.

Section 156/1.108 When the court has completed the consideration of the motion for exemption of the court fees, it shall immediately issue an order either to grant such motion, in whole or in part, or dismiss such motion.

The court shall not grant such motion unless it is reasonably believed that the applicant does not have sufficient property to pay the court fees or if the applicant would not be exempted from paying the court fees, he or she would suffer excessive trouble, taking into account the status of the applicant and, in the case where the applicant is the plaintiff or appellant or petitioner, the filing of a plaint or appeal or petition is reasonably grounded.

When any party who has been exempted from paying the court fees for suing or defending the case in a court of first instance files such motion again on appeal or on petition, as the case may be, it shall be deemed that such party still does not have sufficient property to pay the court fees or if he or she would not be exempted from paying the court fees, he or she would still suffer excessive trouble, unless it appears to the court otherwise.

In the case where the court issues an order of exemption of only a part of the court fees or of dismissal of the motion, the applicant may file an appeal against such order with the court within seven days from the date of such order. The order of the appeal court shall be final.

Section 157. 109 When the court has granted permission for any person to be exempted from paying court fees in any court, such person shall not be obligated to pay court fees for the proceedings carried out in such court. These fees shall include deposits with court on the filing of an appeal or petition. If the court grants such permission during trial,  the exemption of payment of court fees shall apply only to the court fees and deposits with court to be paid or placed after the issuance of such order of permission. Any court fees or deposits with court paid or placed prior to such order shall not be refunded.

Section 158.110 If the court views that the opposing party must be liable for payment of the costs, in whole or in part, of both parties, the court shall render a judgement on the costs by ordering such opposing party to pay to the court, on behalf of the person exempted from paying the court fees, the whole or part of the court fees from which such person is exempted, as the court sees fit.

Section 159.111 If it appears to the court that the person exempted from paying court fees is able to pay the court fees from the time of the filing of the motion under section 156 or at a later time prior to adjudication of the case, the court shall issue an order requiring such person to pay the exempted court fees to the court within a period of time as the court sees fit to prescribe. In case of such person’s failure to do so, the court shall issue an order of seizure or attachment of the whole or part of the property of the person exempted from paying the court fees pending decision on the costs.

In the case of paragraph one, if the court views that:

1. the costs shall be borne by both parties, the court shall issue an order directing payment of the court fees from which such person is exempted out of the property seized or attached as mentioned in paragraph one in an amount as the court sees fit;
2. the opposing party shall pay the costs, in whole or in part, on behalf of the person exempted from paying the court fees, the court shall issue an order directing the opposing party to pay the court fees to the court on behalf of the person granted the However, if the opposing party fails to comply with this order, the court shall take payment of such court fees out of the property seized or attached as mentioned in paragraph one in an amount as it sees fit; or
3. the person exempted from paying the court fees shall pay the costs, in whole or in part, on behalf of the opposing party, the court shall issue an order directing payment of such costs out of the property seized or attached as mentioned in paragraph The court fees from which such person is exempted shall be paid out of the remaining property, if any, in an amount as the court sees fit.

Section 160.112 If a person granted exemption from court fees behaves improperly, such as carrying out proceedings in a manner that causes undue disturbance or committing an offence of contempt of court or willfully delaying the case, the court may revoke such exemption at any time and such person shall be liable for payment of the costs for any proceedings carried out subsequent to such revocation.

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