Section 135 — Depositing money with the court before judgment
Statutory text (Thai original)
ในคดีที่เรียกร้องให้ชำระหนี้เป็นเงินหรือมีการเรียกร้องให้ชำระหนี้เป็นเงินรวมอยู่ด้วย ไม่ว่าเวลาใด ๆ ก่อนมีคำพิพากษา จำเลยจะนำเงินมาวางศาลเต็มจำนวนที่เรียกร้อง หรือแต่บางส่วน หรือตามจำนวนเท่าที่ตนคิดว่าพอแก่จำนวนที่โจทก์มีสิทธิเรียกร้องก็ได้ ทั้งนี้ โดยยอมรับผิดหรือไม่ยอมรับผิดก็ได้
English translation
In a case claiming payment of a debt in money, or in which a claim for payment of a debt in money is also included, at any time before judgment the defendant may deposit with the court the full amount claimed, or only part of it, or the amount that the defendant considers sufficient for the amount the plaintiff is entitled to claim. This may be done with or without an admission of liability.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 135 opens the Code's rules on adjudication by giving a money defendant a procedural tool to pay into court before the case is decided. It applies to any claim for a sum of money, including a mixed claim where money is only one part. The defendant controls both the amount deposited and whether the deposit carries an admission of liability, and the legal consequences of that choice are governed by Section 136. Read with Sections 136 and 323 on money held by the court, the deposit is a recognised way for a defendant to limit exposure, in particular to stop interest running where liability is admitted.
Why this matters in practice
For a defendant facing a debt suit, depositing money before judgment can stop interest from running and signal a serious intention to settle, which matters when the interest clock keeps ticking during litigation. The amount and whether you admit liability are strategic choices with real consequences under Section 136, so take advice before paying into court. Anyone pursuing or defending a money claim can review options through our debt collection service in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4145/2542 (1999)
A defendant already sued on a debt can be released from liability only by depositing with the court, under Sections 135 and 136, the amount the defendant considers due to the plaintiff.
The court held that once a defendant has been sued, tendering payment is no longer enough to obtain release from liability. The only route is to deposit with the court, under Sections 135 and 136, the sum the defendant considers owed to the plaintiff.
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Supreme Court Judgment No. 430/2517 (1974)
Where a defendant deposits money admitting liability for a stated sum and lets the plaintiff take it, and the plaintiff receives it, the defendant owes no interest on that sum from the date of deposit, under Sections 135 and 136 paragraph one.
The defendant deposited less than the full amount claimed but admitted liability for 190,000 baht plus interest and allowed the plaintiff to take it, which the plaintiff did. The court held that under Sections 135 and 136 paragraph one the defendant owed no interest on that 190,000 baht from the deposit date.
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Supreme Court Judgment No. 4497/2531 (1988)
Money left in the court under Section 323 means all money deposited and unclaimed in a case, not only money the defendant deposits before the court of first instance gives judgment under Section 135.
In construing unclaimed money held by the court, the court held that Section 323 covers all money paid into a case, of which a Section 135 pre-judgment deposit is only one kind. If the entitled party does not claim it within five years of the deposit, the money escheats to the State.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can a defendant deposit money with the court before the case is decided?
Yes. Section 135 allows a defendant in any money claim to pay money into court at any time before judgment, in full or in part.
Does depositing money mean admitting the claim?
No. Under Section 135 the defendant may deposit either admitting liability or without admitting it, and the effect of each choice is set out in Section 136.