Section 222/47 — Security when appealing refusal to accept appeal
Statutory text (Thai original)
ในกรณีที่จำเลยยื่นคำร้องอุทธรณ์คำสั่งไม่รับอุทธรณ์หรือฎีกา ให้จำเลยนำค่าฤชาธรรมเนียมทั้งปวงมาวางศาลและนำเงินมาชำระตามคำพิพากษาหรือหาประกันให้ไว้ต่อศาลเฉพาะในส่วนที่จำเลยต้องรับผิดชำระหนี้ให้แก่โจทก์ แต่ไม่ต้องนำเงินมาชำระหรือหาประกันให้ไว้ต่อศาลสำหรับเงินรางวัลของทนายความฝ่ายโจทก์
English translation
In the case where the defendant files a motion appealing an order refusing to accept an appeal or a dika, the defendant shall deposit all court costs and fees with the court and pay the money according to the judgment or provide security to the court only in respect of the part for which the defendant is liable to pay the debt to the plaintiff, but need not pay the money or provide security to the court for the reward of the plaintiff's lawyer.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision adapts the ordinary rule on security when appealing a refusal to accept an appeal or dika to the special cost structure of class actions. As in general practice, the defendant must put up all court costs and fees and either satisfy the judgment or provide security so that the appeal challenge does not become a delay tactic. The class action modification is that this security obligation is measured only by what the defendant owes the plaintiff, and expressly excludes the plaintiff's lawyer's statutory reward under Section 222/37. This prevents the defendant's appeal-access burden from being inflated by the lawyer's reward, which is a distinctive class action charge rather than part of the debt owed to the plaintiff.
Why this matters in practice
For a defendant, this rule keeps the cost of contesting a refused appeal proportionate: you secure only the debt owed to the plaintiff, not the lawyer's reward, which can be a large separate figure in class cases. Getting the deposit and security calculation right is essential, because an underpaid deposit can itself sink the appeal challenge. If you are a defendant facing a class action judgment, we can calculate the exact security required before you file; start with a consultation with a Thai lawyer.
Frequently asked questions
Does a defendant have to secure the lawyer's reward when appealing a refused appeal?
No. Under Section 222/47 the defendant must deposit court costs and secure only the part of the debt owed to the plaintiff, and need not pay or provide security for the plaintiff's lawyer's reward.
What must a defendant deposit to appeal an order refusing its appeal?
The defendant must deposit all court costs and fees and either pay the judgment sum or provide security, but only for the amount it is liable to pay the plaintiff, under Section 222/47.