Austria PROCESS SERVICE

Process service, also known as "service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunals. Notice is furnished by delivering a set of court documents (called "process") to the person to be served, process service is performed by a process server.

Austria PROCESS SERVER

Austria process servers serve civil and commercial matters pursuant to the Hague Service Convention, which is a multilateral treaty adopted in Hague, Netherlands on November 15, 1965, by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating, or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. Also, the Convention shall not apply if the address of the person to be served with the document is not known.

Method of Service and Translation requirements

The courts are empowered to execute requests for service directly by postal channels if the conditions for service in accordance with Article 5(1)(a) have been fulfilled or in the manner requested by the requesting authority (Art 5(1)(b). Except in the case of a special form of service requested by the requesting authority, service by voluntary acceptance by the addressee is possible Art. 5(2). relevant law: Service of Documents Act date of the version: 1 August 2019 (Zustellgesetz, BGBl. Nr. 200/1982)

Austria declares that its Central Authority will arrange for formal service only if the document to be served is written in German or accompanied by a translation into German.

Procedure

The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send a request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request.

Alternate Methods of Service

Austria objects to service of documents by the diplomatic or consular agents of other Contracting States in its territory as provided for in Art. 8 (1) unless the document is to be served on a national of the State of origin.

Austria declares, in accordance with Art.15 (2), that its judges may under the conditions specified in that provision, decide the case even if a certificate of service or delivery of the document has not been received.

Austria declares, in accordance with Art.16 (3), that an application for restitution integrum is inadmissible after the expiration of one year from the date of delivery of the judgment.

Our Process

Documents can be faxed (800) - 296-0115, emailed ps@undisputedlegal.com, mailed 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC., All documents are received by our receptionist.

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, CT 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, NJ 07302

What Should You Do Next?

Simply pick up the phone and call (212) 203-8001 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, and Connecticut.

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