Serving Court Documents To 'Fake' Address

[noodle]

In my (plaintiff) land fraud case one of the defendants has an ID address which either doesn't or no longer exists.

My lawyer tells me that the court can only send documents to the ID address.

My lawyer says that if the defendant lived next door to me but his ID address was elsewhere then there is no way to serve the court documents on him.

I'm inclined to disbelief and would appreciate an informed opinion.

[Sunbelt Asia]

It is possible to send out two sets out of documents, one sent to the ID address by the Court staff and then you deliver the second set of documents to the second address yourself and ask the Court staff to accompany you. You will need to pay for each time.

,

[Sunbelt Asia]

You can issue a summons or serve someone at any domestic address and this is not restricted to simply his ID address. What you simply need to do is sign a confirmation form with the courts that you are sure that individual is staying at this other address, and a summons can be sent on your behalf.

The relevant provision regarding summons and other decrees of the court can be found in Section 70 of the Civil Procedure Code. Here the law does not mention this point regarding the address but it does state that:

All plaints, summonses and other writs, and all orders and decrees of the Court shall be served by an officer of the Court on the parties or any third person concerned; however

(1) subpoenas for witnesses shall be served directly by the party on whose behalf the witnesses are summoned, unless the Court otherwise orders or the witnesses refuse to accept the subpoenas; in such case, the subpoenas shall be served by an officer of the Court.

(2) any order or decree of the Court, including orders fixing the day of hearing or of taking evidence, as the case may be, or an order for adjournment, shall, if the parties or persons concerned are present in Court at the time when it is issued and have affixed their signatures in cognisance thereof, be deemed to have been served according to law. "In case of plaints, the plaintiff shall pay the fees for service, and he shall or shall not procure the service as he thinks fit, unless the Court shall order him to have the duty to procure the service thereof. In case of summonses, other writs, orders or decrees of the Court issued upon the application of any party, if the Court does not order him to procure service also, such party shall only pay the fees for service. In any other case, it shall be the duty of the Court to secure service on the party or person concerned."

Having a subpoena sent through official channels, that is, by the Letters Rogatory Process, will result in the Thailand Ministry of Justice having the Thai Courts serve the subpoena through an official process server of the Thailand Court.

,[sunbelt][/sunbelt]