Section 55 — Substitute service of a summons
Statutory text (Thai original)
การส่งหมายเรียกแก่ผู้ต้องหา จะส่งให้แก่บุคคลผู้อื่นซึ่งมิใช่สามีภริยา ญาติหรือผู้ปกครองของผู้รับหมายรับแทนนั้นไม่ได้
English translation
In serving a summons on an alleged offender, it may not be handed to another person to receive it on his behalf, other than the spouse, a relative, or the guardian of the person named in the summons.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision sits in the Chapter on summons within the general part of the Code and restricts who may lawfully accept a summons addressed to an alleged offender. By limiting substitute recipients to a spouse, relative, or guardian, it protects the reliability of service, since these persons are likely to bring the summons to the intended recipient's attention. Service that does not meet this restriction is defective and cannot be treated as valid notice for the purposes that flow from a summons.
Why this matters in practice
If you are summoned as an alleged offender, note that a summons left with someone outside this group (a friend, employee, or landlord) is not proper service, which can matter if the prosecution later argues you ignored a summons. Because failure to answer a valid summons can support an arrest warrant, anyone who receives such a document should confirm how it was served and seek advice before acting. If you are unsure of your position, understand what to expect before going to court in Thailand.
Frequently asked questions
Who can accept a summons on behalf of an accused person in Thailand?
Under Section 55, only the accused person's spouse, a relative, or the guardian may receive the summons on his behalf. It cannot be handed to any other person.
Is it valid service if a summons is left with an employee or friend?
No. A summons handed to someone outside the group of spouse, relative, or guardian does not meet Section 55 and is not proper service on the accused.