DEMAND PROCEDURE

319. Requirements for demand ruling

With regard to a claim for the payment of money, the court may, upon motion of the obligee, issue a ruling demanding payment [(‘demand ruling’)]. However, this shall apply only where such demand can be served in Cambodia in a manner other than service by publication.

320. Motion seeking issuance of demand ruling

1. A motion seeking the issuance of a demand ruling against each of the types of obligor described below shall be made in the court of first instance having jurisdiction over the corresponding location provided below:

(a) a natural person:

the person’s domicile, or where there is no domicile in Cambodia or such domicile is unknown, the location of the person’s residence;

(b) a domestic juridical person:

– the juridical person’s main office or place of business, or where there is no office or place of business, the location of the domicile of the entity’s representative or other principal person in charge of the operations of the entity; and/or

(c) a foreign juridical person:

– the juridical person’s main office or place of business within Cambodia, or

where there is no office or place of business within Cambodia, the location of the domicile within Cambodia of the entity’s representative or other principal person in charge of the operations of the entity.

2. A motion seeking the issuance of a demand ruling in regard to the following types of claims may also be made in the court of first instance having jurisdiction over the corresponding location provided below.

(a) a claim against a person having an office or place of business and pertaining to business transacted therein:

– the location in which such office or place of business is located;

(b) a claim for the payment of money based on a bill or check, or a claim ancillary thereto:

– The location of payment of the bill or check.

3. Jurisdiction over the motions described in Paragraphs 1 and 2 shall be exclusive.

321. Application of provisions pertaining to suit

Provisions pertaining to ‘suit’ shall apply mutatis mutandis to motions seeking issuance of a demand ruling except where such provisions are inconsistent with the nature of such a ruling.

322. Dismissal of motion

Where a motion seeking issuance of a demand ruling violates the provisions of Article 319 (Requirements for demand ruling) or Article 320 (Motion seeking issuance of demand ruling), or it is clear from the substance of the motion that there are no grounds for the claim, the court shall dismiss the motion via ruling. Where a demand ruling cannot be issued as to part of a claim, this rule shall apply to that part.

323. Issuance of demand ruling, etc.

1. A demand ruling shall be issued without examination of the obligor.

2. The obligor may make an objection to a demand ruling before the court that issued it.

324. Matters to be included in demand ruling

1. A demand ruling shall include the following matters:

(a) an order for the payment of a certain sum of money;

(b) the contents of the main text of the ruling sought [by the obligee], and the facts necessary to specify the claim; and

(c) the names and addresses of the parties and the names and addresses of their legal representatives.

2. The demand ruling described in Paragraph 1 shall include the statement that if no objection thereto is brought within two (2) weeks from the date that the obligor received service thereof, the court shall on its own authority make a declaration of provisional execution.

325. Service of demand ruling

1. The court shall notify the obligee of the demand ruling and serve the demand ruling on the obligor.

2. The demand ruling shall take effect when service thereof is made on the obligor.

3. Where the demand ruling cannot be served because the obligor’s domicile, location of residence, place of business or office, or the address of the obligor’s representative or other principal person in charge of its operation, does not exist at the location provided by the obligee, the court shall notify the obligee of this fact.

In this case, if the obligee fails to provide, within two (2) months after the obligee receives such notification, an alternative location at which service can be made, the motion seeking issuance of a demand ruling shall be deemed withdrawn.

4. The period specified in the latter part of Paragraph 3 may not be extended.

326. Dismissal of objection to demand ruling made prior to declaration of provisional execution

1. Where the court determines that an objection to issuance of demand ruling that was brought prior to a declaration of provisional execution is unlawful, the court shall dismiss the objection via ruling.

2. A Chomtoah appeal may be brought against the ruling described in Paragraph 1.

327. Effect of objection to issuance of demand ruling made prior to declaration of provisional execution

1. Where a valid objection to issuance of demand ruling is brought prior to a declaration of provisional execution, the demand ruling shall lose legal effect to the extent of the objection raised thereto.

2. In the case described in Paragraph 1, a suit shall be deemed filed before the court prescribed in Article 320 (Motion seeking issuance of demand ruling) in regard to a claim as to which the objection to issuance of demand ruling has been filed. In this case, costs incurred in connection with the demand procedure shall be deemed a part of the costs of the litigation initiated thereby.

328. Declaration of provisional execution

1. Where an obligor fails to bring an objection to a demand ruling within two (2) weeks of the date of receipt of service thereof, or where a ruling dismissing an objection to issuance of demand ruling brought prior to a declaration of provisional execution becomes final and binding, the court shall include in the demand ruling an additional statement regarding the amount of costs incurred in connection with the demand procedure, and shall make a declaration of provisional execution thereof.

2. The declaration of provisional execution shall be contained in the demand ruling, which shall be served on the parties.

3. The provisions of Article 197 (Loss of effect of declaration of provisional execution and restitution) and of Paragraph 2 of Article 325 (Service of demand ruling)apply mutatis mutandis to a declaration of provisional execution made pursuant to Paragraph 1.

329. Objection to issuance of demand ruling brought after declaration of provisional execution

1. An objection to issuance of demand ruling described in Paragraph 2 of Article 323 (Issuance of demand ruling, etc.) that is brought in regard to a demand ruling as to which a declaration of provisional execution has already been made shall be brought within two (2) weeks of the date that service thereof was received.

2. The period specified in Paragraph 1 may not be extended.

330. Dismissal of objection to issuance of demand ruling brought after declaration of provisional execution

1. Where the court determines that an objection to issuance of demand ruling that was brought after a declaration of provisional execution was made is unlawful, the court shall dismiss the objection via ruling.

2. A Chomtoah appeal may be brought against the ruling described in Paragraph 1.

331. Conversion to litigation arising from objection to issuance of demand ruling brought after declaration of provisional execution

Where a valid objection to issuance of demand ruling is brought after a declaration of provisional execution, a suit shall be deemed to have been filed before the court that issued the demand ruling in regard to a claim as to which the objection to issuance of demand ruling has been filed. In this case, costs incurred in connection with the demand procedure shall be deemed a part of the costs of the litigation initiated thereby.

332. Judgment in litigation [resulting from objection] following declaration of provisional execution

1. Where a judgment rendered in a litigation [resulting from objection] arising pursuant to the provisions of Article 331 (Conversion to litigation arising from objection to issuance of demand ruling brought after declaration of provisional execution) conforms to the demand ruling, the court shall uphold the demand ruling that included the declaration of provisional execution. However, this shall not apply where the demand procedure was conducted in violation of law.

2. Except where a demand ruling that included a declaration of provisional execution is upheld pursuant to the provisions of Paragraph 1, a judgment rendered in a litigation [resulting from objection] pursuant to the provisions of Article 331 (Conversion to litigation arising from objection to issuance of demand ruling brought after declaration of provisional execution)shall nullify a demand ruling that includes a declaration of provisional execution.

333. Effect of demand ruling

Where no objection is made in regard to a demand ruling that includes a declaration of provisional execution, or where a ruling dismissing an objection made in regard to a demand ruling that includes a declaration of provisional execution becomes final and binding, the demand ruling shall have the effect of a final and binding judgment

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