What To Do When You Are Sued

What to Do When You Receive a Court Summons

Receiving a court summons is stressful for anyone, but the most important thing is to stay calm and never ignore it. A summons is an official document with strict deadlines. Failure to respond on time can result in a default judgment — losing the case without ever presenting a defense.

This guide walks through the systematic steps to take, from the moment the summons arrives through preparation for the court date, including statutory deadlines and the most common mistakes.

What Is a Court Summons?

A court summons is an official document issued by the court to notify someone that a case affects them, or to require them to appear or take some action. There are several types:

• Summons — Notifies a defendant that a lawsuit has been filed and requires a defense within the deadline.
• Notice of Hearing — Specifies the date and time to appear in court.
• Witness Summons — Requires a person to testify in a case.
• Arrest Warrant — Authorizes police to arrest a suspect (criminal cases).
• Search Warrant — Authorizes officials to search premises.
• Writ of Execution — Enforces a judgment, e.g., asset seizure.

Immediate Steps to Take

1. Read the summons carefully — Verify your name, the date issued, the issuing court, the case number, hearing date, type of case, charges or claims, and the response deadline.
2. Keep the envelope and the summons as evidence — Do not discard or destroy them. The envelope's date stamp is used to calculate statutory deadlines.
3. Contact a lawyer as soon as possible — Within 1–3 days, no later than a week. Your lawyer needs sufficient time to study the case and prepare a defense.
4. Gather all evidence — Contracts, receipts, chat messages, emails, photos, witness statements — collect everything relevant.
5. Mark the court date in your calendar — And set a reminder 3 days before. Failure to appear may result in an arrest warrant in some cases.

What You Must Never Do

• Never ignore the summons — Even if you believe it is not yours, appear at court to clarify, or have a lawyer respond on your behalf.
• Never contact the opposing party directly without a lawyer — Anything said may be used as evidence. Careless statements can be construed as inadvertent admissions.
• Never destroy or hide evidence — Illegal and creates an adverse inference against you.
• Do not wait until the last minute to consult a lawyer — Filing deadlines are short; lawyers need preparation time.
• Never sign or admit anything without consulting a lawyer — Especially in criminal cases.

Statutory Deadlines

Civil Cases (Civil Procedure Code)

• File a written defense within 15 days from receipt. If cross-province travel is required, the court may grant additional time.
• Extension is possible — File a motion before the deadline; the court decides based on the reason and necessity.
• Failure to file a defense — The court can issue a default judgment, automatically losing the case.

Criminal Cases

• The accused or defendant must appear on the date specified.
• Failure to appear results in an arrest warrant and may forfeit bail.
• Postponement is possible for valid reasons (e.g., illness with a medical certificate).

Labor Cases

• Process is faster than civil; defense generally due within 7–15 days.
• Mandatory mediation typically occurs before adjudication.

Requesting an Extension

If you cannot meet the deadline, file a motion for postponement or extension. Acceptable reasons include:

• Serious illness with a medical certificate
• Late receipt of the summons
• Unavoidable foreign travel
• Need more time to retain a lawyer and gather documents

The motion must be filed before the deadline. Late motions are typically denied.

Hypothetical Case Studies (Educational)

Case 1 — Civil debt claim: Mr. A is sued for THB 500,000. He receives the summons on 1 March, contacts a lawyer on 3 March, and the lawyer discovers partial payments already made. The defense is filed on 14 March (within 15 days). After litigation, the court reduces the judgment significantly.

Case 2 — Ignored summons: Mr. B receives a summons but assumes it is irrelevant and does not contact a lawyer. Fifteen days pass with no defense filed. The plaintiff obtains a default judgment requiring full payment. Setting aside a default judgment requires proving genuine lack of notice, which is difficult.

Case 3 — Criminal case: Ms. C receives a summons on a fraud charge. She contacts a lawyer immediately, who manages the case, prepares evidence and witnesses. They appear in court, present the defense, and the prosecutor ultimately drops the case.

Common Mistakes

• Ignoring the summons because it seems wrong — Even if filed against the wrong person, you must appear or respond to clarify.
• Throwing away the envelope — Causes mistakes in deadline calculation and weakens extension requests.
• Calling the opposing party to negotiate — What you say can be recorded and used in court.
• Hiring a lawyer too late — Insufficient preparation time.
• Going to court without a lawyer — High risk in serious matters.
• Signing documents without reading them — During investigation or in court.

Frequently Asked Questions

What if I'm not home when the summons arrives?
The court officer may serve an adult resident at the address or post the summons on the door. If posted, the deadline begins after the posting period (15 days).

What if the summons is clearly not mine?
Take it to the court named in the summons with your ID, or have a lawyer clarify the matter.

How much do lawyers cost in a civil case?
Depends on the amount in dispute and complexity. Typically THB 20,000–100,000. Consult for an estimate.

What if a default judgment is entered against me?
You may file a motion to set aside the default judgment within 6 months of learning of it, showing both an excusable reason for absence and a meritorious defense.

How should I prepare for my first court appearance?
Dress conservatively, arrive 30 minutes early, bring your ID and case documents, and answer questions clearly. Go with your lawyer.

Conclusion

Receiving a summons is not the end — it is the start of a battle that requires planning and timely response. The core rules are: do not ignore it, do not destroy evidence, and contact a lawyer on day one. An experienced lawyer will assess the case, develop a strategy, and prepare a defense to achieve the best possible outcome — whether through full litigation, negotiation, or mediation.