Process Serving, Service of Process, Catchpoling: Which ever phrase you know it as, serving official court documents to another party (Such as a defendant, for example) is normally only known by the average person 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- leaving the receiver speechless. But how realistic is this depiction we see in Hollywood movies? Is it really a case of finding the Subject, tricking them in to either stating their name or giving a slight nod when addressed by it? 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 to note is that there are different standards set in different countries, various requirements, multiple methods. The United States and United Kingdom, for example, have stringent regulations. The rules and procedures can vary drastically within the US- with each state dictating different requirements that would allow the serving to stand up in court. Unsurprisingly, defendants may deny being served at all, even if there appears to be sufficient evidence to prove that they were handed the documents (Photographs, videos etc.) This defense is often successful, as the service of process set out by a particular state was not correctly adhered to. Regulations vary, often greatly between each state. This is even further complicated when the different courts within a specific state have their own unique procedures. New York requires a licensed investigator, whilst Pennsylvania only allows for servings to be carried out by a sheriff- the exception to this is in the city of Philadelphia, where anyone deemed a “competent adult” may carry out the serving.

The Uk allows for any person in good standing with the law to carry out a serving, but 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 it’s entirety. Lead Investigations in Cambodia 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. Some clients may even 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.) and then focusing on a newspaper which was published that day. The recording is then uninterrupted throughout the attempted process serving. Additionally, the Agent that served the documents will notarise a sworn affidavit, stating that he/she did indeed carry out the order.

Lead Investigations wrote: ↑Fri Sep 10, 2021 2:48 pm The information that is stored on camera devices is irrefutable, as the time stamp embedded in the footage cannot be altered. Even if one had to change the time on a recording device, the internet connection will adjust it correctly.

Lol no

Is the financial situation of CEO so dire that we have to browse through infomercials now ?

So what happens if one of these process severs delivers the bad news to an Okhna? Something along the lines of ‘you hit ordinary Khmer local, please show up in court’?

It could go very poorly for said process server.

Or better yet, a dispute between Okhnas? Nothing kills the messenger faster than a power struggle.

newkidontheblock wrote: ↑Sat Sep 11, 2021 2:16 am So what happens if one of these process severs delivers the bad news to an Okhna?

One would have to chase a sport car first.
Tough job on a Honda Scoopy.

General Mackevili wrote: ↑Sat Sep 11, 2021 4:09 am

Ghostwriter wrote: ↑Sat Sep 11, 2021 12:06 am Is the financial situation of CEO so dire that we have to browse through infomercials now ?

Paid CEO memberships coming soon.

Spoiler:

JK

Wouldn't that mean you would owe us money then ?

Ghostwriter wrote: ↑Sat Sep 11, 2021 12:06 am Is the financial situation of CEO so dire that we have to browse through infomercials now ?

I suspect what we’re actually seeing is OP engaging in a bit of SEO. Big articles like that with lots of keywords in followed by a link to his website is a classic way of pushing said site higher up the rankings.