Section 74 — Ordinary service: time and place
Statutory text (Thai original)
การส่งคำคู่ความหรือเอกสารอื่นใดโดยเจ้าพนักงานศาลนั้นให้ปฏิบัติดังนี้
(๑) ให้ส่งในเวลากลางวันระหว่างพระอาทิตย์ขึ้นและพระอาทิตย์ตก และ
(๒) ให้ส่งแก่คู่ความหรือบุคคลซึ่งระบุไว้ในคำคู่ความหรือเอกสาร ณ ภูมิลำเนาหรือสำนักทำการงานของคู่ความหรือบุคคลนั้น แต่ให้อยู่ในบังคับแห่งบทบัญญัติหกมาตราต่อไปนี้
English translation
The service of a pleading or any other document by a court officer shall be carried out as follows:
(1) it shall be served in the daytime, between sunrise and sunset; and
(2) it shall be served on the party or the person named in the pleading or document, at the domicile or place of business of that party or person, but subject to the provisions of the following six sections.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 74 defines ordinary service, the default method a court officer must use before any substitute method is allowed. Two conditions govern it: service in daylight, and service at the named party or person's domicile or place of business. The closing words, subject to the following six sections, tie it to Sections 75 to 80, which cover service on a lawyer, service on an adult at the address, service at another place, refusal, substituted service by posting, and the record of service. Skipping ordinary service and jumping to posting under Section 79 without a proper basis is a frequent ground for setting proceedings aside.
Why this matters in practice
If you are the plaintiff, insist that the officer first attempt ordinary daytime service at the correct domicile or place of business; a shortcut to posting can later unravel the whole case. If you are a defendant who was never properly served, this is often the strongest ground to reopen a default judgment. Getting the address right at the outset saves months. For an overview of the process, see our guide on going to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1001/2568 (2025)
The court must first serve a notice of the judgment reading date at the domicile or place of business of the party or their lawyer by ordinary service under Section 74; posting it at the courthouse without first attempting ordinary service is out of sequence and offends Section 79, making the later proceedings for that party improper.
The trial court gave notice of the judgment reading date by posting at the courthouse without first serving the objecting party by ordinary means. The court held this skipped the required step of ordinary service under Section 74, breached Section 79, and made the notice and the following proceedings for that party invalid.
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Supreme Court Judgment No. 13165/2558 (2015)
Where a company has not clearly designated its head office as a special domicile for limited purposes only, service of the summons and copy of the plaint by posting at the head office domicile by court order is lawful under Section 74 together with Section 79.
The defendant company argued its head office was only a special domicile for tax matters. The court rejected this, finding no clear intent to limit it, and held that posting the summons and copy of the plaint at the head office domicile by the court's order was lawful under Section 74 with Section 79, so the company was deemed summoned.
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Supreme Court Judgment No. 10173/2558 (2015)
Under Section 74(2) service must be made on the party or person named; serving a notice of the appellate judgment on a defendant's lawyer who is not himself a party does not count as service on that defendant, and is an irregular proceeding.
The notice of the appellate judgment was served on the lawyer of defendant 2 rather than on defendant 2. The court held the lawyer was not a party, so service on him did not amount to service on defendant 2 under Section 74(2), the proceeding was irregular and prejudicial, and the Supreme Court could set it aside.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When and where must a summons be served in Thailand?
Under Section 74, ordinary service by a court officer must be in the daytime between sunrise and sunset, and at the domicile or place of business of the party or person named, subject to the six sections that follow.
Can the court post a notice without trying ordinary service first?
No. Ordinary service under Section 74 must be attempted first. Posting a notice at the courthouse without ordinary service can violate Section 79 and render the later proceedings improper.