05 Aug Process Serving in Cambodia and Beyond
Process Serving, Service of Process, Catchpoling:
Which ever phrase you know it as, serving official court documents to another party is normally only known because of the portrayal of process servers in films. Often simply walking up to the unsuspecting Subject, sneakily encouraging them to confirm their name and relaying the phrase “you’ve been served”, before handing over documents and swiftly slipping away. But how realistic is this depiction we see in Hollywood movies?
Process Serving Around the World:
Is it a case of finding the Subject, tricking them into stating their name or giving a nod when addressed? How does process serving work in Cambodia? What if the Subject rejects the delivery? What are the ingredients for a successful serving?
It is important to understand what exactly process serving is. The first important factor is that there are different standards set in different countries. The US and UK, for example, have stringent regulations.
Unsurprisingly, defendants may deny being served, even if there is evidence to prove that they were served (Photographs, videos etc.)
This defense is often successful, as the process set out by a particular state may not have been adhered to. Regulations vary, often greatly between each state. This is further complicated when the different courts within a specific state have their own procedures. New York requires a licensed investigator. Pennsylvania only allows for servings to be carried out by a sheriff. An exception to this is Philadelphia, where anyone deemed a “competent adult” may serve.
The UK allows for any person in good standing with the law to carry out a serving. This is not usually a good idea as there are still stipulations that one must follow. One must prove that they have absolutely no personal affiliation with either party. Process servers are completely independent to the court proceedings, meaning their sworn statements will hold more weight than a statement made by an individual.
How are documents served in Cambodia?
Typically, the client is either a law firm or private investigation agency based in a country that is part of the Hague Service Convention. The client then identifies the Subject (The person which is to be served the relevant documents) usually by providing photographs, links to their social media accounts and less commonly their last known address in Cambodia. Typically, the documents differ in nature from case to case, ranging from an overseen debt from almost a decade ago, to more serious offences.
As one might imagine, locating the Subject may be challenging, as the information provided is at times years old, or incorrect in its entirety. Lead Investigations will then utilise different methods in order to get their exact location. Once the Subject has been located, an Agent will hand deliver the documents. There is no requirement for the Subject to confirm their name.
What if the Subject rejects the delivery?
If a Subject refuses to accept the documents that they are presented with, the Agent has the right to place the documents in a suitable place within the Subject’s immediate vicinity (Business or residential entrance, with a security representative of the dwelling or corporate site, for example) this does not nullify the serving as there is additional proof that the attempt took place. This includes but not limited to the serving being photographed or recorded.
The information that is stored on camera devices is refutable: the embedded time stamp can be altered. Some clients may request some “old-school” methods which prove the date and location of the serving. One example of this being done is by recording a video which starts with a proof of location (A road marker, restaurant signage etc.) then focusing on a newspaper with the day’s date. The recording is then uninterrupted throughout the attempted serving. The Agent that served the documents will notarise a sworn affidavit, stating that he/she did indeed carry out the order.
How can I find out more information pertaining to process serving in Cambodia?
For further information concerning process serving in Cambodia, contact Lead Investigations Cambodia via email or telephone.
See our Pre-litigation Intelligence/Process serving page here.
Visit our Corporate services page here.
Visit Cambodia Expats Online to see the discussion on the topic here.