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Case Filing Units
Case Filing Units

     To file the case before the Administrative Court, the plaintiff can file a plaint personally or by mail with the Administrative Court of First Instance in the plaintiff’s area of residence or the area where the cause of action occurred.

     When filing a plaint at the court, you must obtain a queue card by selecting the required service on a touch screen menu. For example, you can request information on the progress of a case (case tracking). When filing a case, filing units numbers 1 to 4 are for any disputes which fall within the jurisdiction of the Central Administrative Court while number 5 is for disputes falling within the jurisdiction of the Supreme Administrative Court. Filing unit number 6 is in charge of court and photocopying fees.

     In practice, the plaintiff has to come to this room first to check if the plaint is made in the correct form as required by the Court. If it is unclear or ambiguous, the plaintiff will be advised to make corrections in the consultation room. After being corrected, the plaint will be forwarded to the case filing section.

     The period in which a case must be filed is different according to the type of case as follows:

     1. Cases involving a dispute relevant to an unlawful act by an administrative agency or State official issuing a rule or an administrative order or any other acts inconsistent with the law shall be filed with the Court within 90 days as from the day the cause of action is known or should have been known.

     2. Cases involving a dispute relevant to an unlawful act by an administrative agency or State official omitting his official duties as required by law or performing such duties with unreasonable delay shall be filed to the Court within 90 days as from the day the cause of action is known or should have been known.

     3. Cases involving a dispute relevant to a wrongful act or other liability shall be filed within 1 year but not more than 10 years from the day the cause of action is known or should have been known.

     4. Cases involving an administrative contract shall be filed within 5 years and not later than 10 years.

     5. Cases involving the protection of public interest can be filed at any time.

     6. Cases involving the status of an individual person can be filed at any time.

     It should be noted that if the Court views that a case which is filed outside the time periods mentioned above is beneficial to the public interest or has sufficient supporting reasons for late filing, the case will be accepted.

     Court fees: In cases of disputes concerning a wrongful act or other liability of an administrative agency or state official as well as disputes involving an administrative contract, the plaintiff shall pay the Court fees at the rate specified in the annex to the Civil Procedure Code:

     - For cases with assets valued at not more than 50 million baht, Court fees stand at 2% but cannot exceed 200,000 baht.

     - For cases with assets valued at more than 50 million baht, Court fees stand at 0.1%.

     - For cases with assets valued at not more than 100 Baht, Court fees stand at 100 baht.

     - For cases with assets valued at not less than 50 baht, the payment of the Court fees shall be 100 baht, if less than 50 baht, Court fees shall be exempted.

     Payment of court fees shall be paid in cash, cashier's cheque or bank draft made out to “Fee and fine of the Office of the Administrative Courts . . . name of the Office of the Administrative Courts where the plaint was directly filed.” For example, “Office of the Central Administrative Court”, “Office of Chiang Mai Administrative Court”, etc. 

     If the case is decided in favor of the plaintiff, the Court shall order that Court fees, either wholly or in part, be repaid to the plaintiff.

    For appeal cases filed with the Supreme Administrative Court, the plaintiff shall pay Court fees according to the rule for filing the case with the Administrative Court of First Instance.

     If the plaintiff cannot afford to pay the Court fees, the Court may decide to proceed with the case and to exempt the plaintiff from Court fees, either wholly or in part.

 

 

 





Modified date : 15 Jun. 2020 | Top Up |



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