What to Do When You Receive a Civil Subpoena

Article by Mr. Nopparat Prachaphan

Summons and copy of complaint

Upon receipt of a civil summons with a copy of the complaint, the defendant must do the following:

  1. Make a written statement and submit it to the court within 15 days.
    • According to the Civil Procedure Code, Section 177
    • If the summons is not signed, the court will post it at your place of residence. The summons is considered received after 15 days from the date it was posted (totaling 30 days to file a statement).
  2. If the statement is not submitted on time
    • The court will hear the case one-sidedly and may rule in favor of the defendant.
    • The plaintiff can proceed with enforcement.

Types of subpoenas in civil cases

  1. Civil summons
    • The statement must be filed within 15 days, or 30 days if the case is closed.
  2. Summons for minor cases, simple cases, consumer cases
    • Must come to court on the appointed date for mediation, testimony and witness testimony.
    • Failure to appear in court may result in default and loss of the case.

Steps to take when receiving a court summons

  1. Check the court order
    • Verify that the court has jurisdiction to hear the case.
    • Check the appointment date and the name of the other party.
  2. Read the details in the court order.
    • Review case information, charges, and compliance requirements.
  3. If you are unable to make it on the appointed day
    • You can submit a request to postpone the hearing date, but you must have a reasonable reason.
  4. Prepare documents and evidence
    • Prepare contracts, receipts, or related evidence.
    • Prepare a statement or argument
  5. Response to a subpoena
    • If a statement must be submitted, it must be done within the specified time.
  6. Going to court
    • Must go to court on the specified date, time and place.
    • It is recommended that you have a lawyer join you in the lawsuit.
  7. Trial
    • Civil cases can take a long time, and the court may schedule multiple hearings.
  8. Management in case of losing a case
    • Must comply with court judgments
    • You can appeal if you disagree with the decision.
  9. Compliance with court judgments
    • If a debt must be paid, it must be done in accordance with the court's regulations.
    • If you fail to comply, you may face enforcement action.
  10. Seek advice from a lawyer
  • A lawyer can help analyze the case, draft documents, and recommend the best course of action.

What is a counterclaim?

A counterclaim is when a defendant files a counterclaim against a plaintiff in the same case without having to file a new case, such as a loan, breach of contract, tort, or inheritance case. If the defendant has the right to claim from the plaintiff, he or she can use the right to counterclaim.

Benefits of counterclaims

  1. No need to waste time filing a new lawsuit.
  2. Easier to work as a defendant
  3. Used as a negotiating point in mediation

Counterclaim Procedure

  1. Filing a counterclaim
    • Must be submitted with the defendant's statement.
    • State the facts and evidence that support your claim.
  2. Proceeding with the counterclaim procedure
    • The court will consider both the plaintiff's complaint and the defendant's counterclaim.
  3. Filing a counterclaim
    • The plaintiff may file a motion to reject the counterclaim.
  4. Trial and judgment
    • The court will consider the claims of both parties and make a decision based on the facts and law.

summarize

Receiving a subpoena in a civil case requires proper procedures to protect your rights. If you receive a subpoena, you should consult an attorney immediately to ensure proper legal proceedings and prevent future damages.