Renting · Disputes

Small claims court in Thailand: petty cases, consumer cases and getting your money back.

Thailand has no court called a small claims court, but it has two fast procedures for small sums: the petty case for claims up to 300,000 baht, and the consumer case, which a consumer can file against a business without paying court fees. This guide explains both, the free mediation that comes before them, and what a foreign tenant needs to use them, from sources read on 14 November 2026.

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01

The short answer

A person owed a modest sum in Thailand, such as a rental deposit that was never returned, has three routes that do not need a full lawsuit. The first is mediation before filing, run by the courts at no charge. The second is a petty case, a simplified civil case for claims of not more than 300,000 baht. The third is a consumer case, open where the other side is a business operator and you dealt with it as a consumer. The table sets them side by side.

RouteWho can use itCost to startBasis
Mediation before filingEither side of any civil dispute, including hire of property, with no limit on the amountNo court fee and no costCivil Procedure Code, section 20 ter, as explained on a Kwaeng court page
Petty caseAnyone with a money claim of not more than 300,000 baht, or a landlord evicting where rent is not more than 30,000 baht a monthCourt fee at the general 2 percent rate, with a total of not more than 1,000 baht under section 190 quater as a Thai reprint prints itCivil Procedure Code, sections 189 to 196, and the Royal Decree on Amounts in Petty Cases B.E. 2546
Consumer caseA consumer, or a body entitled to sue for consumers, against a business operator, and a business operator against a consumerThe consumer is exempt from all court costs and fees when filing and during the caseConsumer Case Procedure Act B.E. 2551, sections 3 and 18
Complaint to the Consumer Protection Board officeA consumer with a complaint about a businessThe office handles the complaint. It is not a courtOffice of the Consumer Protection Board complaint system terms

Sources read on 14 November 2026 and listed at the foot of this page. Baht limits come from the Royal Decree and the Courts of Justice statute.

If the money in question is a deposit, start with our guide to getting your rental deposit back in Thailand, which covers the steps before any of this is needed. The rest of this page is for when those steps have not worked.

Two people at a desk with a document and pens, a gavel and a small scales of justice beside them
02

Petty cases under the Civil Procedure Code

The Civil Procedure Code sets aside a chapter for what it calls petty cases. The Royal Decree on Amounts in Petty Cases B.E. 2546 fixes the size: a claim for money of not more than 300,000 baht, and a suit to evict a person from immovable property where the rent, or the rent the property could fetch, is not more than 30,000 baht a month at the time of filing. The Courts of Justice statute gives the same 300,000 baht figure as the limit of a single judge in a Kwaeng court, the lowest tier of civil court.

A Thai reprint of sections 189 to 196, read for this guide, shows how the chapter differs from an ordinary civil case:

  • The claim can be made orally. Section 191 lets the plaintiff file a written complaint or come and state the claim to the court. The court records it, reads it back and the plaintiff signs.
  • One early hearing for everything. Under section 193 the court sets a date promptly and the summons tells the defendant to come for mediation, answer and evidence on the same day. The plaintiff is ordered to attend too.
  • The judge tries to settle it first. On the hearing day the court mediates before anything else.
  • The answer can be oral as well. If there is no settlement the defendant may answer in writing or orally.
  • The judge leads the questioning. Section 193 quater lets the court call evidence on its own motion and says the court questions each witness first, after which the party or the lawyer may ask more.
  • Short adjournments only. Section 193 quinque says hearings run on without postponement unless necessary, and then for not more than seven days at a time.
  • Judgment can be given orally under section 194.
Missing the hearing

Section 193 bis is strict on attendance. A plaintiff who knows the date and does not come, without leave to postpone, is treated as not wishing to continue and the case is struck out. A defendant who was summoned and does not come is in default, and the court can decide the case without them.

The petty case is open to both sides of a tenancy. A landlord uses it to claim unpaid rent or to evict, which our guide to eviction in Thailand walks through. A tenant uses it to claim money back.

Person seated at a wooden desk reading through printed pages with a pen in hand
03

Consumer cases: the fee-free route against a business

The Consumer Case Procedure Act B.E. 2551 created a second simplified procedure. Section 3 defines a consumer case as a civil case between a consumer and a business operator over legal rights or duties arising from the consumption of goods or services. It takes the meaning of both words from the consumer protection law. The sections read for this guide set no upper limit on the amount.

FeatureWhat the Act saysSection
Court feesFiling and every step taken by the consumer is exempt from all costs and fees. The exemption does not cover final liability for costs18, paragraph 1
Abuse of the exemptionIf the consumer sues without reasonable cause, claims excessive damages or drags the case out, the court may order the exempted fees paid and strike the case out if they are not18, paragraph 2
Starting the caseThe plaintiff may sue orally or in writing. For an oral complaint a case officer records the details and the plaintiff signs20
First hearingThe court sets a date promptly and summons the defendant for mediation, answer and evidence on the same day24 to 26
Burden of proofWhere a fact about the service or any operation is within the particular knowledge of the business operator, the business operator carries the burden of proving it29
EvidenceThe court may call evidence itself, and the court questions the witnesses. Parties and lawyers question only with leave33 and 34
AdjournmentsEvidence is heard without postponement except for unavoidable necessity, and then for not more than fifteen days at a time35
RemedyThe court may correct the damages or set a suitable remedy even beyond what the consumer asked for, if it relates to facts properly raised39
Punitive damagesWhere the business operator acted to take unfair advantage, caused damage on purpose or was grossly negligent, the court may add punitive damages of up to two times the actual damages, or up to five times where actual damages are not more than 50,000 baht42
Companies run in bad faithWhere a company defendant was set up or run in bad faith and cannot pay, the court may join its shareholders, partners or controllers and hold them liable too44
AppealWithin one month of the judgment being read. Where the amount in dispute on appeal is not more than 50,000 baht, no appeal on questions of fact46 and 47

Consumer Case Procedure Act B.E. 2551, consolidated Thai text on the Office of the Council of State law search, read on 14 November 2026. English wording is our summary.

Two points keep expectations realistic. Punitive damages are a power the court may use where it finds bad conduct. They are not an automatic multiplier. And the fee exemption can be withdrawn from a consumer who files a claim with no reasonable basis.

The Act also protects a consumer who is the one being sued. Under section 17, a business operator that could file either at the court where the consumer lives or somewhere else may file only at the court where the consumer lives.

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04

Rental disputes: picking between the two routes

For a tenant the question is whether the landlord counts as a business operator. The Contract Committee notification on residential leasing of B.E. 2568 (2025), made under the Consumer Protection Act, answers it for one group. It makes renting out homes a contract-controlled business where the landlord has three or more units for rent to individuals, in one building or several. It calls that landlord the business operator, and in clauses 6, 7 and 10 it calls the tenant the consumer.

Your landlordRoute that fits on the sources readWhy
Rents out three or more homes (an apartment block, a company, an owner with several condos)Consumer caseThe 2025 notification treats the landlord as a business operator and the tenant as a consumer, the two parties the Consumer Case Procedure Act names
Rents out one or two homesPetty case, if the claim is not more than 300,000 bahtThe notification does not reach this landlord, and no source read for this guide says whether a court would still treat them as a business operator
Either, and the claim is above 300,000 baht with no consumer relationshipOrdinary civil caseOutside the petty case limit

Royal Gazette print of the notification, re-read on 14 November 2026, with the Consumer Case Procedure Act and the Royal Decree on Amounts in Petty Cases.

If the two sides disagree about whether a case is a consumer case, section 8 of the Act sends the question to the President of the Court of Appeal, whose decision is final. In a consumer case the request has to be made on the hearing day at the latest.

The notification matters for the substance of the claim as well as the route. It bars a business landlord from keeping a deposit or advance rent where the tenant is not at fault, and from charging the tenant for ordinary wear. Our guides to security deposits in Thailand and tenant rights set out those rules.

Gray high-rise residential towers with rows of balconies against a blue sky
05

Before you file: a written demand, free mediation and the consumer board

A court case is the last step. Three earlier ones cost nothing and often end the matter.

1. A dated written demand. State the amount, what it is for, the bank account to pay into and a deadline. Send it in a way that leaves a record. It shows the court that you asked, and it fixes the figure you later claim.

2. Mediation before filing. A page published by the Phra Nakhon Si Ayutthaya Kwaeng Court explains the scheme created by section 20 ter of the Civil Procedure Code:

  • It is free. The petition and the mediation need no court fee and have no cost.
  • It covers rental disputes. The page lists every kind of civil dispute with no limit on the amount, naming sale, hire of property, hire-purchase and wrongful acts among the examples.
  • Two ways to ask. File the petition in person or by post at the court that has jurisdiction, or through mediation.coj.go.th after signing up for the Courts of Justice online service.
  • No lawyer is needed. The parties can take part themselves and may bring a lawyer to the meeting if they wish.
  • It can be done online.
  • A deal can be made binding. If both sides agree they can ask the court for a judgment by consent. If the other side then breaks the settlement it can be enforced at once, with no new case.
  • The clock is protected. If mediation ends without result, the limitation period is extended by 60 days from the day it ended.

3. A complaint to the Office of the Consumer Protection Board. Where the landlord is a business operator, the office takes complaints through its website complaint.ocpb.go.th, the OCPB Connect app, hotline 1166, in person or by letter at the Government Complex on Chaeng Watthana Road in Bangkok, and through the Damrongtham centers in every province. Its terms of service say that officers gather the facts, call the parties in to explain, mediate the dispute, and can put a case to the Consumer Protection Board to consider bringing legal action for the consumer under section 39 of the Consumer Protection Act.

The office is the body that issued the residential lease rules, so a complaint about a kept deposit or a banned lease term from a landlord with three or more units is squarely its business. Those rules do not reach a private owner with one or two homes.

Empty meeting room with a long white table and orange chairs
06

Filing and the first hearing

  1. Find the court. The Courts of Justice statute gives Kwaeng courts the civil cases a single judge can hear, which under section 25 (4) are claims of not more than 300,000 baht. Under section 19/1, if a case of that size is filed in a Civil Court or a Provincial Court instead, that court may hear it or transfer it. This guide did not open the venue rules that decide which district applies, so confirm at the court counter before you travel.
  2. Bring the paper. The lease, proof of what you paid, the handover record and photos, your demand and any reply, and your passport. Add Thai translations of anything in another language (see section 08).
  3. State the claim. In writing, or orally to the court in a petty case or to the case officer in a consumer case. The complaint has to give the facts and what you are asking for clearly enough to be understood. The court can order you to correct it.
  4. Pay the fee if one applies. None for a consumer filing a consumer case. See section 07 for a petty case.
  5. Wait for the date. The court sets it promptly and summons the other side with a copy of the complaint.
  6. Attend. Mediation comes first, led by the judge in a petty case and by a case officer or another person the court names in a consumer case. A settlement reached there ends the case.
  7. If there is no settlement the defendant answers and the court hears the evidence, asking the questions itself.
Filing online

The Courts of Justice run an e-Filing system with a side for the public and a side for lawyers. The page for the public carries a notice that from 30 June 2025 identity is confirmed through the ThaID app, which replaced the earlier COJ Connect app. Nothing on the page says how a foreigner without ThaID signs up, so a foreigner should expect to file at the counter or through a lawyer.

A Courts of Justice statement of 14 January 2022 says the courts encourage online mediation both before and after a case is filed, so asking for it at the first hearing is in order.

Office and residential towers in central Bangkok under a cloudy sky
07

Court fees and costs

ItemFigureSource
General court fee on a money claim2 percent of the amount claimed, with fractions of a baht droppedCourts of Justice fee calculator page, which adds that its figures are estimates
Petty caseFee under the same table, but the total court fee is not more than 1,000 bahtCivil Procedure Code, section 190 quater, as printed in a Thai reprint (not a government host)
Appeal in a petty casePaid on the amount in dispute on appeal. The section does not repeat the capSame section, second paragraph, same reprint
Consumer filing a consumer caseExempt from all court costs and feesConsumer Case Procedure Act, section 18
Mediation before filingNo court fee and no costKwaeng court page on section 20 ter

Read on 14 November 2026. The 1,000 baht figure rests on the reprint: the official copies of the Code tried for this guide did not open.

On those figures a petty claim of 40,000 baht carries a court fee of 800 baht, and a claim of 200,000 baht would reach 4,000 baht at 2 percent but is held at 1,000 baht by section 190 quater as the reprint gives it. Confirm the amount at the court counter on the day.

Court fees are not the whole cost. Translations, an interpreter, travel and a lawyer if you use one all sit outside them, and none of the sources read for this guide prints a figure for those. Our guide to hiring a lawyer in Thailand explains how fees are usually quoted.

The exemption in a consumer case covers the cost of bringing the case. Section 18 keeps final liability for costs outside it, so the judgment can still deal with who pays in the end.

Thai twenty baht banknote laid flat on a pale surface
08

Foreigners: language, translations and security for costs

None of the laws read for this guide limits a petty case or a consumer case to Thai nationals. Three rules in the Civil Procedure Code, read in a Thai reprint, shape what a foreign plaintiff has to prepare.

  • Proceedings are in Thai. Section 46 says everything the court does in a civil case is done in Thai, and the pleadings and documents that make up the file are written in Thai.
  • Foreign-language documents need a Thai translation. Where an original handed to the court is in another language, the court orders the party to supply a translation of the whole or of the important part, with a statement that it is correct, to be attached to the original. An English lease, bank slips with English notes and chat messages all fall under this.
  • You arrange the interpreter. Where a party or a person who comes to court does not understand Thai, the party concerned provides one.
  • Security for costs. Under section 253 a defendant may ask the court, at any time before judgment, to order the plaintiff to deposit money or give security for costs where the plaintiff has no home or place of business in Thailand and no assets in Thailand that a judgment could be enforced against, or where there is reason to believe the plaintiff would avoid paying costs after losing. If the court makes the order and the plaintiff does not comply, the case is struck out.

The practical reading: a tenant who still lives and banks in Thailand is in a different position from one who has already left. If you are about to move abroad and are owed money, start the demand and the mediation before you go, and ask a lawyer about acting for you under a power of attorney. A power of attorney signed outside Thailand has its own formalities, which our guide to document legalization and notary services introduces.

The Consumer Case Procedure Act says in section 7 that where it and the court rules under it are silent, the Civil Procedure Code applies with the needed changes. Expect the same language rules in a consumer case.

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09

Time limits on a claim

Thai law calls a limitation period prescription. The Civil and Commercial Code sections read for this guide, in a Thai reprint, give these periods:

PeriodApplies toSection
Ten yearsAny claim for which the Code or another law sets no specific period193/30
Five yearsRent of property in arrears, interest in arrears and other sums payable at fixed intervals193/33
Two yearsA list of business claims, including hotel and dormitory operators claiming lodging charges and businesses claiming rent for movable things193/34
Six months from the return of the propertyAn action by the landlord against the tenant in connection with the lease563

Civil and Commercial Code as printed in a Thai reprint and an unofficial English translation, read on 14 November 2026.

None of these sections names a tenant claim for the return of a deposit, and section 563 speaks only of the landlord suing the tenant. Which period a court would apply to a deposit is a question for a lawyer. The safe course is to treat the matter as urgent and act within months of moving out.

Two rules stop or stretch the clock. Under section 14 of the Consumer Case Procedure Act, while a business operator and a consumer are negotiating over the damages to be paid, the period stops running until one side ends the talks. And where court mediation before filing ends without result, the period is extended by 60 days from that day.

Busy Bangkok road seen from above, with cars and taxis beside an elevated rail station
10

A worked example: a deposit that was not returned

The figures here are invented to show how the rules fit together. Maya rented a condo in Bangkok for 20,000 baht a month from a company that lets twelve units in the building. She paid a 40,000 baht deposit, moved out at the end of the lease with a signed handover record and photos, and has heard nothing since.

  1. Demand. She sends a dated message and an email asking for 40,000 baht by a named date, with her account number and the handover record attached.
  2. Consumer board. The landlord has three or more units, so she files a complaint with the Office of the Consumer Protection Board online and keeps the complaint number.
  3. Mediation before filing. She asks the court for mediation under section 20 ter. It costs nothing. If the company agrees to pay in two parts, she asks for a judgment by consent so the deal can be enforced if a payment is missed.
  4. Consumer case. If mediation fails she files a consumer case, orally through the case officer, with Thai translations of her English lease and messages. She pays no court fee. The limitation period has 60 extra days from the end of the mediation.
  5. Hearing. She attends on the date set. The company says the deposit was spent on repairs. Facts about what work was done and what it cost are within the knowledge of the company, so the court can place the burden of proving them on it under section 29.
  6. Judgment. The court can order the 40,000 baht returned. If it finds the company kept the money to take unfair advantage, it has the power to add punitive damages, capped at five times the actual damages because they are not more than 50,000 baht. Whether it does is for the court.

Change one fact and the route changes. If the owner were a private person with a single condo, the 2025 notification would not apply and Maya would bring a petty case instead, paying a court fee of 800 baht at 2 percent. The deposit-return tool and the rental move-out checklist help build the paper trail that makes either case simple.

Man in a suit holding up a set of keys to a couple seated across a desk with papers and a laptop
11

Limits of the process, and where a lawyer earns the fee

  • A judgment is not a payment. If the other side does not pay, the judgment has to be enforced through the Legal Execution Department. Our eviction guide describes how that department works.
  • An owner who has left the country or has no assets in Thailand is hard to collect from, whatever the judgment says.
  • Everything turns on documents. A lease in your name, transfer slips, a signed handover record and dated photos decide most deposit cases. Read our guide to understanding a Thai lease agreement before you sign the next one.
  • Simplified does not mean informal. Miss the hearing and a plaintiff loses the case for now.
  • A lawyer is worth the cost where the sum is large, the landlord disputes the facts, you have left Thailand, or the question of which limitation period applies is close.

For most tenants the realistic order is demand, complaint or mediation, then court only if those fail. Landlords reading this from the other side will find their own steps in renting out your condo in Thailand as a landlord.

Empty white apartment room with tiled floor and a balcony door
FAQ

Frequently asked questions

Is there a small claims court in Thailand?

Thailand has no court with that name, but it has two simplified procedures that do the same job. A petty case under the Civil Procedure Code covers money claims of not more than 300,000 baht, the figure set by the Royal Decree on Amounts in Petty Cases B.E. 2546. A consumer case under the Consumer Case Procedure Act B.E. 2551 covers a civil dispute between a consumer and a business operator and has no upper limit in the sections read for this guide.

How much does it cost to file a small claim in Thailand?

The Courts of Justice fee page gives the general court fee as 2 percent of the amount claimed. Section 190 quater of the Civil Procedure Code, as printed in a Thai reprint read for this guide, says the total court fee in a petty case is not more than 1,000 baht. In a consumer case, section 18 of the Consumer Case Procedure Act exempts the consumer from all court costs and fees when filing and during the case, although the court decides who bears costs at the end.

Can a foreigner sue in a Thai court?

None of the laws read for this guide limits a petty case or a consumer case to Thai nationals. The practical hurdles are language and paperwork. Section 46 of the Civil Procedure Code, as printed in a Thai reprint, says proceedings are in Thai, documents in a foreign language need a Thai translation, and a party who does not understand Thai arranges an interpreter. Under section 253 a defendant may ask the court to order security for costs from a plaintiff with no home, place of business or assets in Thailand.

Do I need a lawyer for a small claim in Thailand?

No section read for this guide requires one. In a petty case the plaintiff may state the claim orally and the court writes it down. In a consumer case a court case officer records an oral complaint. The judge questions the witnesses. Because everything is in Thai, most foreigners still bring a lawyer or at least an interpreter.

Can I use it to get my rental deposit back?

Yes, a claim for a deposit is a money claim, and a typical deposit is far below 300,000 baht. If the landlord rents out three or more homes, the 2025 Contract Committee notification treats the landlord as a business operator and calls the tenant a consumer, which is the pairing the Consumer Case Procedure Act uses. If the two sides disagree about whether a case is a consumer case, the President of the Court of Appeal decides.

What happens at the first hearing?

The summons calls the defendant to court for mediation, answer and evidence on the same day, and the plaintiff is ordered to attend too. The court or a case officer tries to settle the dispute first. If there is no settlement the defendant answers, in writing or orally, and the court moves to the evidence. A plaintiff who does not come without leave is treated as not wishing to continue and the case is struck out.

Is mediation before filing free in Thailand?

Yes. A Courts of Justice page on mediation before filing under section 20 ter of the Civil Procedure Code says the petition and the mediation carry no court fee and no cost, cover every kind of civil dispute including hire of property with no limit on the amount, and can be done online. If both sides agree they can ask for a judgment by consent. If mediation ends without result, the limitation period is extended by 60 days from the day it ended.

Can I file a small claim online?

The Courts of Justice run an e-Filing system for the public. Its page says that from 30 June 2025 identity is confirmed through the ThaID app. The page does not say how a foreigner without ThaID signs up, so ask the court counter or a lawyer, who can file through the lawyer side of the same system. Mediation before filing can be requested at mediation.coj.go.th after signing up for the court online service.

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Getting Your Deposit BackSecurity DepositsTenant RightsEviction in ThailandRent IncreasesBreaking a Lease EarlyHiring a LawyerRental ScamsFree EN/Thai Lease Template

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General information only, not legal advice. Courts decide disputes on their own facts. The Consumer Case Procedure Act and the Courts of Justice statute were read on the Office of the Council of State law search. Civil Procedure Code and Civil and Commercial Code sections are described from Thai reprints and an unofficial English translation, and the page says where a figure rests on a reprint. A lawyer should review any dispute that matters to you. BAANLYY LLC is a Nevada company and a listing portal: homes on this site are listed by independent owners, agents and agencies, and BAANLYY is not a party to their leases or sales. Legal rules are from the sources named below, read on 14 November 2026.

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By the BAANLYY Editorial Team
Last updated 14 November 2026 · Last checked 14 November 2026
Sources

Sources

Official primary sources are listed above with the date we last checked them. Thai rules, fees, thresholds and procedures change and can be applied differently by individual offices and embassies — confirm the current requirement with the responsible authority before relying on it. General information only, not legal, tax or medical advice. BAANLYY never takes paid placement in editorial content.

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