Injunctions & Restraining Orders

Injunctions & Restraining Orders

During a case proceeding at the court, the involved parties may worry about their safety or their interest. Under the Civil Procedure Code of Thailand, a party may file an application to request the Thai Court to issue an order instructing the other party for a temporary injunction to prevent the other party from committing or continuing any wrongful act that was committed. Furthermore, Injunctions shall also prevent such party from wasting, damaging, transferring, selling, removing, or disposing of any property in dispute until the case is final or until the Court orders otherwise.

Laws can be a bit too condescending to one party or another, but in Thailand, the laws are considerate to some extent. The Thai Civil Procedure Law protects and gives consideration not only to the right of the plaintiff in requesting the Court to order a Temporary Injunction before the Court serves the judgment, but the defendant also has the right to propose an application for a Temporary Injunction.

Below is the elaborate explanation to the Temporary Injunction Relief right for Plaintiff and for Defendant:
1. The Thai Civil Procedure Code in relation to the Temporary Injunction Relief for the Plaintiff
2. The Thai Civil Procedure Code  in relation to the Temporary Injunction Relief for the Defendant

The Thai Civil Procedure Code in relation to the Temporary Injunction Relief for the Plaintiff

1. The Thai Civil Procedure Code in relation to the Temporary Injunction Relief for the Plaintiff
A plaintiff who files a civil case against a debtor in whatsoever liabilities and obligations e.g. loan, hire of work, lease, sale, and purchase agreement, etc., may be concerned about a remedy and compensation which has to be fulfilled by such debtor. In some cases, the debtor fails or is not willing to comply and settle any liabilities and obligations to the lender. In the event that the debtor is unwilling to sell, transfer and/or dispose of his/her assets, the plaintiff shall submit an application to the court to order an injunction or a measure to impede such debtor’s act.

The Thai Civil Procedure Code of Thailand, Section 254 stipulates that “In a case other than a petty case (e.g. a case having the case capital of not more than 300,000 baht), the plaintiff is entitled to file with the Court, together with his plaint or at any time before judgment, an ex parte (one side) application requesting the Court to order, subject to the conditions hereinafter provided….”

There are four main purposes or measures that the plaintiff can file an injunction application to the Court;
1. In case of the seizure before judgment, the whole or part of the disputed property of the defendant as well as money or property of a third party owing to the defendant is due.
2. A temporary injunction restraining the defendant from repeating or continuing any wrongful act or breach of an agreement or the act which was filed in a case or other order to remedy the plaintiff from some defendant’s acts.
3. An order to the registrar in temporary extinguishing, amendment, or revocation of the registration pertaining to the asset in the dispute or the defendant’s property.
4. An order to temporarily arrest and detain the defendant.
With reference to the Court’s discretion on the application, it shall be expressed to the Court that the application of the plaintiff has a good cause and has sufficient reason to be protected by the aforementioned measures. Furthermore, each measure has a specific requirement to be considered by the Court. For clarification, if the plaintiff requests the Court to order a temporary injunction in the event that the defendant is willing to transfer his/her land. It must appear to the Court that the defendant intends to register, amend or revoke the registration of the land to get approval for the temporary injunction request.

2. The Thai Civil Procedure Code  in relation to the Temporary Injunction Relief for the Defendant
Under the Thai Civil Procedure Code, it gives the right to the defendant to request the plaintiff to deposit money or to furnish security for such payment or procure security in case of any unexpected event that may occur.

The Thai Civil Procedure Code, Section 253 stipulates that:
“Where the plaintiff is not domiciled or his business office is not situated within the Kingdom and he does not have property liable to execution within the Kingdom or where there is strong reason to believe that he will, if he loses the case, evade the payment of costs and expenses, the defendant may, at any time before judgment, file an application by motion with the Court for an order directing the plaintiff to deposit money or to furnish security for such payment costs and expenses.”

The point of Section 253 is that the defendant can file an application to the Court for an order directing the plaintiff to deposit money or security if:
1. The plaintiff is a foreigner or is a foreign entity of which their business office or domicile is not in Thailand or does not have a property in Thailand; or
2. There is a strong reason to believe that the plaintiff will evade the payment of costs and expenses if he loses the case.Apparently, the plaintiff does not always win the case,

if it appears to the defendant that in such a case the plaintiff has a domicile or a registered business outside Thailand e.g. the plaintiff had a business in Thailand, and afterward, he moved the business operation to another country. Moreover, if it expressly shows when there is a plaintiff witness examination that the plaintiff may avoid proceeding with the costs and fees when the court dismisses his charge or holds that the plaintiff is the losing party. Furthermore, if it is applicable, the defendant has the right to file this kind of motion when the case is in the Court of Appeal or the Supreme Court as well.

In case the Court considers the motion by conducting an examination and agrees with it,
the Plaintiff shall place money or security within a specific period, otherwise, the Court will strike the case out of the case list, unless the defendant wishes to carry the case or the plaintiff appeals such the Court order. However, the Court dismisses this application of the defendant, the defendant has the right to appeal further. On the other hand, even if the Court strikes this case, the plaintiff has the right to re-file this case against the defendant because the Court has not considered the significant issue of the case.

Summary

From our experiences relating to civil cases, it suffices to say that the temporary injunction is one of the good strategies to protect the rights of the plaintiff in obtaining the outstanding debt from the defendant as the debtor. We have handled many cases in relation to debt recovery and most of the time it is best to file a temporary injunction to guarantee that the debtor will be able to return the money or any liabilities to you. Consequently, the circumstances conformed to the aforementioned legal knowledge may arise if a plaintiff is a foreigner.

This motion will be made by us when we represent the defendant in a case in order to protect our client’s right with this temporary injunction before the Court renders the judgment.  We can provide legal consultations if you need more information or assistance with your future or current endeavors in Thailand. If our client’s case requires a court injunction, we are going to provide our best effort in assisting our clients to do so.