Section 155: Right to apply for fee waiver
Statutory text (Thai original)
คู่ความซึ่งไม่สามารถเสียค่าธรรมเนียมศาลอาจยื่นคำร้องต่อศาลขอให้ยกเว้นค่าธรรมเนียมศาลในการฟ้องหรือต่อสู้คดีในศาลชั้นต้นหรือชั้นอุทธรณ์หรือชั้นฎีกาตามที่บัญญัติไว้ในมาตรา ๑๕๖ และมาตรา ๑๕๖/๑
English translation
A party who is unable to pay court fees may file an application with the court for exemption from court fees in bringing or defending an action in the Court of First Instance, the Court of Appeal, or the Supreme Court (Dika), as prescribed in Section 156 and Section 156/1.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
Section 155 states the basic right to apply for exemption from court fees, replacing the former pauper-litigation (anatha) regime with a broader waiver open to any party who cannot pay, whether as plaintiff or defendant, and at every level from the trial court up to the Supreme Court. It is the gateway provision: the mechanics of applying are in Section 156 and the criteria and decision, including the possibility of a partial waiver and a right of appeal, are in Section 156/1. The waiver reaches court fees and the deposits associated with them, and courts apply the section, together with Section 156, by analogy in specialised jurisdictions such as labour and consumer cases where their governing statutes so allow.
Why this matters in practice
If the court fee is beyond your means, you are not shut out of court: Section 155 lets you ask for a waiver whether you are the one suing or the one being sued, and at the appeal and Dika stages too. Note that a waiver covers court fees, not every sum you may have to put up, so in some cases money you owe the other side under a lower judgment still has to be lodged. If cost is your main barrier to bringing or defending a claim, a short consultation with a Thai lawyer can confirm whether you are likely to qualify.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1932/2568 (2025)
The exemption applied for under Sections 155 and 156 covers only court fees; it does not cover money that must be lodged to reimburse the opposing party under the trial court's judgment, which is not a court fee.
In a consumer case where the defendant owed no court fee on appeal but had to lodge the sum to reimburse the plaintiff under the trial judgment, the Supreme Court held that the waiver of court fees under Sections 155 and 156, applied by analogy, reaches court fees only, not that reimbursement sum.
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Supreme Court Judgment No. 2070/2562 (2019)
Sections 155 and 156 on waiver of court fees cannot be applied by analogy to excuse an employer from the deposit that section 125 paragraph three of the Labour Protection Act B.E. 2541 requires before it may sue to set aside a labour inspector's order, and the employer may not put up land as security instead.
An employer suing to set aside a labour inspector's order asked to be excused from the cash deposit required by section 125 paragraph three of the Labour Protection Act, invoking Sections 155 and 156 by analogy and offering land as security instead. The Supreme Court refused: the Code's fee-waiver provisions cannot be brought in to displace that deposit. Its further complaint that section 125 paragraph three is unconstitutional also failed, because it asked the appellate court to reverse or vary the order rather than to refer the question to the Constitutional Court as section 212 of the Constitution requires.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 51 Supreme Court decisions (1956 to 2025)
Selected citing decisions
- Decision 1932/2568 (2025)
- Decision 5293/2551 (2008)
- Decision 3080/2550 (2007)
- Decision 5438/2549 (2006)
- Decision 1379/2549 (2006)
- Decision 1689/2548 (2005)
- Decision 1161/2545 (2002)
- Decision 6959/2540 (1997)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
- Section 156 39
- Section 157 6
- Section 229 5
- Section 27 3
- Section 232 3
- Section 234 3
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
Can I go to court in Thailand if I cannot afford the court fees?
Yes. Section 155 lets a party who is unable to pay court fees apply for a waiver, whether bringing or defending a case, at the trial, appeal or Dika level, following Sections 156 and 156/1.
Does a fee waiver cover everything I must pay to the court?
Not necessarily. The waiver covers court fees, but courts have held it does not cover certain other sums, such as money you must lodge to reimburse the other party under a lower court's judgment.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Civil Procedure Code, s. 155 (Thailand) -
Academic citation
Civil Procedure Code (Thailand), s. 155. ThaiLawOnline, https://www.thailawonline.com/thai-civil-procedure-code/section-155/ (accessed 1 September 2026). -
Thai citation
ป.วิ.พ. มาตรา 155 -
Permalink
https://www.thailawonline.com/thai-civil-procedure-code/section-155/ -
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<blockquote cite="https://www.thailawonline.com/thai-civil-procedure-code/section-155/"><p>A party who is unable to pay court fees may file an application with the court for exemption from court fees in bringing or defending an action in the Court of First Instance, the Court of Appeal, or the Supreme Court (Dika), as prescribed in…</p><footer>Civil Procedure Code, s. 155 (Thailand): <a href="https://www.thailawonline.com/thai-civil-procedure-code/section-155/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.