Friday, September 23, 2011

When party doesn’t have any money to pay the court fee or debt, is him/her imprisoned?

Court cost other than filing fee is not a mandatory fee that pay party shall pay. It’s different from the filing fee (Party MUST pay), if the party fail to pay the filing fee (article 60 of Code of Civil Procedure (CCP)), the court will dismiss the complaint by ruling (article 78 paragraph 1 proviso of CCP)

Based on article 62 paragraph 1 CCP stated about the court cost other than filing fee in which cover the activities below:
(a)               An amount which is necessary for the court to investigate the evidence, deliver documents, or carry out any other procedural act during civil litigation.
(b)               An amount equivalent to necessary travel and lodging costs for a judge and a court clerk, where investigation of the evidence, investigation of the facts, or other action is to be carried out outside the courtroom.

In case party doesn’t pay (court cost other than filing fee), the court may refrain from performing the acts requiring payment of such costs (article 62 paragraph 3).

In principles, the civil case can be solved by peaceful means. Even the party doesn’t have any money to pay the court cost other than filing fee or debt, the court doesn’t have authority to detain his or her physical body. New system of civil law in Cambodia doesn’t have any provisions to punish party by physical detention. It’s different from the law on physical detention (date 31 January 1992) of State of Cambodia in which the debtor doesn’t have any money to pay, the court can order to be imprisoned to force that person pay the debt or compensation.

The new system of civil law now is providing the person who bankrupt or doesn’t have any money have chance and try hard to find money to pay the creditor at next time.

In conclusion, the party doesn’t pay the court cost other than filing fee or debt; s/he is not imprisoned on the civil case. 

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