:: ศาลแพ่ง :: |
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:: หน่วยงานที่เกี่ยวข้อง :: |
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| One provision of the procedure that has been changed recently is the procedure
concerning default of answer. In the past, if the defendant fails to file an answer with the court within 15 days
after the effective date of service, the plaintiff must then request the court to order that the defendant has defaulted
to file an answer and ask the court to continue with the proceeding of the case. If the plaintiff fails to do such request,
the court may order that the case be removed from the case list. If the plaintiff so requests, the court will usually hold
a hearing of the plaintiffs witnesses. Typically, the hearing will take only one session and the plaintiff adduces only
one witness, In general cases, the court will render the judgment on the date of completion of the hearing The process
described, however, has been modified in 2000 by the Amendment to the Civil Procedure Code 1935 in order to accelerate
the proceeding and enable the plaintiff to be able to foreclose defendants asset more quickly. This modification was caused
in part by the economic crisis that has been creating a lot of non-performing loan; therefore, banks urgently need to recover
their money as soon as possible. Otherwise, they will not be able to stay in business. Under the new procedure, if the
defendant fails to file an answer within the limited time, it shall be deemed, as a matter of law, that the defendant is in default
of answer without any plaintiffs request. The plaintiff then needs to request the court to render a default-of answer judgment.
In the case where the plaintiff claims for a definite amount of money, and that is not relevant to family matter or legal status of a
person, such as the case of negotiable instruments, the court may order that the plaintiff to submit all necessary documentary
evidence instead of conducting a hearing. After considering the submitted documents, the court will render a judgment for the
plaintiff unless the court deems that the case is without basis or not in accordance with the applicable law.
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Thai 
English
