HOW TO SERVE LEGAL PAPERS IN THAILAND

This article will provide guidance on How To Serve legal papers in Thailand.  In Thailand, there are three significant concerns when it comes to process serving: [A.] whether or if the Thailand service of process is lawful under a foreign law; [B.]  does Thailand’s legislation allow for the service, and does Thailand have the authority to enforce the terms of the contract and [C.] whether the Thailand Process Service is lawful under the laws of the country in question. There is a wide range of opinions on this issue in different countries. The return of service form may be completed by the person who served the papers in certain jurisdictions (such as those in the United States). In several US jurisdictions, it is a requirement that the individual delivering the papers be fluent in English. The Thailand Process Service must be performed in accordance with Thai legislation in other countries. Click here for information on How To Serve Legal Papers Internationally

HOW TO SERVE LEGAL PAPERS IN THAILAND

Civil Procedure Code Section 70 states that all summonses, writs, and orders of the Court must be served by an officer of the Court on the parties or any third parties involved. However, subpoenas for witnesses must be served directly by the party on whose behalf the witnesses are summoned, or the witnesses refuse to accept the subpoenas. In such a case, the subpoenas will be served sequestered. If all parties are present in court when an order or decree is made, and they sign their names in recognition of it, the order or decree will be regarded to have been delivered according to law. Suppose a Thailand Process Service complaint is filed. In that case, the plaintiff is responsible for paying the expenses associated with the service and may choose whether or not to have the document served as is appropriate. Suppose the Court does not direct any party to get Thailand Process Service along with the summonses, other writs, orders, or judgments on its issues. In that case, that party must merely pay the expenses for Thailand Process Service. In all other cases, the Court will be responsible for ensuring that the party or person in question is served.

A subpoena may be served directly on the party, although this only applies to domestic subpoenas. In certain cases, subpoenas issued by foreign governments may be considered ‘other orders.’ To comply with Thai law, a foreign subpoena must be served by a Thai Court official.

The Thai Ministry of Justice will have the Thai Courts serve the subpoena via an official process server of the Thailand Court if a subpoena is issued through official channels, i.e., the Letters Rogatory Process. Thailand’s Court system would be able to use a lawfully served subpoena received via the Letters Rogatory procedure as proof that it was served by Thai Judiciary personnel. If a subpoena is issued by the Thailand Supreme Court, the question of whether non-compliance or non-appearance constitutes contempt is yet unanswered by the court.

The legitimacy of the Thailand Process Service would come into play if the Thailand Process Service in Thailand were challenged in a US court. The United States and Thailand’s conflict of law regulations may be activated. This means that subpoenas delivered by Thai court personnel may be challenged in US courts since they are not in accordance with Thai law. As a result, the term ‘unless otherwise provided’ may be read to suggest that if foreign countries permit the use of personal service by certified mail, Thailand’s conflict-of-law rules may allow it.

DOMESTIC LEGAL PROCESS IN THAILAND

There are court costs of 2% of total claims (up to a maximum of 200,000 baht) for claims under THB 50 million and an extra 0.1 percent of claims if it exceeds THB 50 million if the case involves property or money. When the lawsuit is filed, money is due immediately. In addition, there is a fee of 1,000 Thai baht for court delivery.

In order to reimburse the costs spent by the court, a Thailand Process Service fee is charged. Court costs should be reimbursed with only minor reductions if the matter is handled amicably. If more than one hearing is necessary before a case is closed, the inverse is true.

In order to file a civil lawsuit in court, there are specific papers that must be available [A.] evidence of the obligation’s origins, such as a written contract or official demand letter; [B.] a detailed breakdown of all outstanding debts, including all accrued interest; [C.] power of attorney, in the event that the principle appoints a proxy to represent him; [D.] for the Thai lawyer, a power of attorney; [E.] Thai national ID or passport, company registration certificate, Tabien Baan or Household Registration of the defendant, and the plaintiff’s Tabien Baan or Household Registration certificate.

The respondent is summoned once the matter is docketed in court and they learn that there is a legal action against them. Sent along with the summons is a Thailand Process Service copy of the complaint. The Respondent’s admissions or denials of the Petitioner’s claims are included in an Answer, which the Respondent files with the court. 

Respondents may default if they do not respond to a lawsuit within a reasonable period. If a party fails to respond on time, they forfeit some Thailand Process Service rights they would have had if they had done so. The opposite party may declare one of the parties in default at any time. The case will be considered and determined only on the merits of the plaintiff’s argument if the defendant is declared in default and has no further opportunity to defend themselves.

The matter will be struck from the docket if the plaintiff fails to submit a default order within 15 days after the defendant’s failure to file an Answer. Due to both parties non-attendance, the matter will be struck from its docket without prejudice to its reinstatement at a later date.

Defendants that wish to submit an Answer may also file Counterclaims against the Plaintiff at the same time. A counterclaim is any claim the defendant may have against the other side of the lawsuit. An Answer to a Counterclaim must be submitted within fifteen days after the date of receipt if a Counterclaim is filed.

Prior to a formal trial, the courts attempt to mediate a resolution or compromise. In Thailand, mediation, arbitration, and conciliation are only a few of the various kinds of alternative dispute resolution accessible. Arbitration and alternative dispute resolution (ADR) refers to any method for resolving a disagreement outside of the courtroom. Thailand Process Service is encouraged because the court realizes that the longer a dispute continues, not only to the parties but also to the economy as a whole, the more harm it inflicts. Thailand Process Service grants a degree of autonomy to the parties involved in the dispute, rather than relying on the courts to resolve their disputes.

Thailand Process Service is only when the court has determined that no agreement between the parties can be reached that the matter may be heard in official proceedings. The court schedules a pre-trial meeting after the pleading deadline has expired. Pre-trial discussions include topics that will be brought up during the actual trial. Allegations, admissions, and denials disclosed in the pleadings are used by the court to combine issues. During the trial, the evidence that may be given to the court will be determined based on the Thailand Process Service points raised.

A party may ask the court to subpoena the opposing party for essential Thailand Process Service documents believed to be in their possession or control, notwithstanding the lack of discovery methods under Thailand Process Service law. Thailand Process Service is necessary for the party seeking these records to seek the issuing of a subpoena duces tecum from the court. It is also possible to seek an adjournment if the Thailand Process Service papers are presented during the trial and the asking party requires time to review their contents.

INTERNATIONAL SERVICE OF LEGAL PAPERS IN THAILAND

Thailand is not a signatory to the treaty that governs international service in civil and commercial matters, the Hague Convention. Because of this, the Thailand Process Service, acquiring evidence, the compulsion of testimony, compulsion of documented or physical evidence, and authentication of foreign evidence may be a laborious procedure. As a general rule, ignorance of Thai and related international and foreign legislation may delay and complicate these Thailand Process services.

The return of service form may be completed by the person who served the papers in certain jurisdictions (such as those in the United States). In several US jurisdictions, it is a requirement that the individual delivering the papers be fluent in English. The Thailand Process Service must be performed in accordance with Thai legislation in other countries.

When a summons or summons is served by an officer of the Court, the Thailand Process Service parties or any third parties involved must be served. However, subpoenas issued for witnesses must be served directly by the party on whose behalf the witnesses are summoned unless the Court orders otherwise or the witnesses refuse to accept the subpoenas. In this case, the subpoenas must be served by an officer of the court. The Court’s rulings and decrees, including Thailand Process Service orders setting a date for a hearing or collecting testimony or an adjournment, must be served according to the law if the parties or individuals involved are present at the time issued and sign their names in acknowledgment of it. 

 If a complaint is filed, the plaintiff is responsible for paying the expenses associated with Thailand Process Service and may choose whether or not to have the Thailand Process Service document served as they see appropriate unless the Court orders them to do so. If the Court does not direct any party to get service along with the summonses, other writs, orders, or judgments of its issues, that party must merely pay the expenses for Thailand Process Service. In all other Thailand Process Service cases, the Court will be responsible for ensuring that the Thailand Process Service party or person in question is served.

Neither the Hague nor the Vienna Conventions on Consular Relations apply to Thailand. Many other nations, including the United States, do not have bilateral consular conventions in place with respect to these issues. This means one must be knowledgeable about and obedient to Thailand Process Service laws and regulations. Local Thailand Process Service laws may be broken when seeking to gather evidence, which might result in deportation or arrest.

It is common practice in civil disputes to file a Thailand Process Service document known as a complaint and then ‘serve’ that document (and maybe additional papers) on the defendant in most countries. In Thailand and the United States, this is undoubtedly the case. Thailand Process Service in Thailand is quite different from the United States, which may have a significant impact on whether or not litigation is worth the time and expense. As soon as an official complaint is lodged in Thailand, the court conducts a quick review to determine whether or not to accept the case. At this point, the complaint is sent to the Legal Execution Office, a government agency. In Thailand, this agency serves civil complaints. 

According to comparison, in the United States, there is normally no court review of the complaint before it may be served by a private person who is not linked to either party. When a complaint is served by a government official, often a sheriff or marshal (or one of their deputies), it is normally not handled by government authorities unless there are exceptional circumstances (e.g., the plaintiff thinks it would be dangerous to serve a complaint on the defendant).

There are legal standards for Thailand Process Service in the United States. Still, plaintiffs have a lot of leeway in how their complaints are delivered, and they’ve become better at avoiding parties that attempt to circumvent it. To serve an elusive defendant, process servers have gone so far as to masquerade as a pizza delivery guy.

SERVICE OF A FOREIGN SUBPOENA IN THAILAND

A subpoena may be served directly on the party, although this only applies to domestic subpoenas. In certain cases, subpoenas issued by foreign governments may be considered ‘other orders.’ To comply with Thai law, a foreign subpoena must be served by a Thai Court official.

The Thai Ministry of Justice will have the Thai Courts serve the subpoena via an official process server of the Thailand Court if a subpoena is issued through official channels, i.e., the Letters Rogatory Process. Thailand’s Court system would be able to use a lawfully served subpoena received via the Letters Rogatory procedure as proof that it was served by Thai Judiciary personnel. If a subpoena is issued by the Thailand Supreme Court, the question of whether non-compliance or non-appearance constitutes contempt is yet unanswered by the court.

If the serving of Thailand Process Service in Thailand were challenged in a US court, the legitimacy of the Thailand Process Service would be at issue. The United States and Thailand’s conflict of law regulations may be activated. All witnesses may be deposed in Thailand, regardless of their country or where they live, even over the phone. Although witnesses may decline to swear an oath or answer questions, they are not required to do so. Interpreters and stenographers may be arranged via the Thai embassies of the United States and other countries. In most countries, consular officers are permitted to administer oaths to witnesses on behalf of the government. If a foreign party wants a Thai court reporter, it would be up to them to pay for their travel and accommodations.

ADDITIONAL RESOURCES

• Thailand Process Service
• How To Serve Legal Papers in Thailand
• Thai Civil Procedure Code
• Thailand Process Service Rules, Laws and Court Procedures
• Complete Breakdown Of The Hague Service Convention Articles
• Hague Service Convention: Streamlining International Legal Procedures
• How The Hague Convention Simplifies International Process Service
• Corporate Process Service: International Service of Process Guide
• How To Overcome Language Barriers in Process Service
• How To Navigate The Complexities of International Process Service
• How To Master International Process Service: Cross-Cultural Communication
• Understanding Alternate Methods of International Process Service
• International Service of Process: Expert Guide For Global Legal Success

FOR ASSISTANCE SERVING LEGAL PAPERS IN THAILAND

Click the “Place Order” button at the top of this page or call us at (800) 774-6922 to begin. Our team of experienced process servers is prepared to assist with reliable and efficient service of legal documents, ensuring compliance with all regulatory requirements. We offer both comprehensive support and à la carte services tailored to meet your corporate needs:

• Prompt and professional service of international legal documents
• Accurate completion and documentation of affidavits of service
• Rush service for time-sensitive international matters
• Skip tracing for hard-to-locate individuals or entities
• Detailed reporting on service attempts

Avoid delays or potential legal setbacks due to improper service. Trust Undisputed Legal’s skilled team to handle the critical task of international process service on your behalf. Our diligent, professional service supports attorneys, corporations, and business entities in ensuring that legal documents are served accurately and on time.

Take the first step toward reliable international process service – click “Place Order” or call (800) 774-6922 now. Let Undisputed Legal be your trusted partner in managing the vital process of serving international documents.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1.  Act Section 9 stipulates that, ‘Unless otherwise specified in this Act, a juristic act’s formal validity must be controlled by the laws of the nation in which it is produced.’

2. There may be other essential papers to the case, such as a property title deed or the child’s birth certificate, for example.

3. Whether or not the Respondent has a set number of days to submit an Answer in court depends on how the summons was served on him.

4. Early contact with a Thai law firm or legal counsel is recommended to prevent these difficulties.’

5. Section 9 of Thailand’s Conflict of Laws Act reads as follows:

‘Unless otherwise stipulated, the laws of the nation where the act is done shall regulate the formal legality of a juristic act.’

This means that subpoenas delivered by Thai court personnel may be challenged in US courts since they are not in accordance with Thai law. As a result, the term ‘unless otherwise provided’ may be read to suggest that if foreign countries permit the use of personal service by certified mail, Thailand’s conflict-of-law rules may allow it.