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Brazil Process Service Rules and Laws

Brazilian civil process is governed by the provisions of the Civil Procedure Law (Código de Processo Civil), which was ratified in March 2015 and has been in effect in Brazil since March 2016, replacing the previous code from 1973.  The civil law system draws substantially on Roman and German ideas of civil process. Cases involving private law, social law, and public law are all heard in accordance with the rules of civil process in Brazil.

The four stages of the ordinary process are the pleading phase (phase postulatória), the conclusive opening order (despacho saneador), the evidential phase (phase probatória), and the decision-making phase.

BACKGROUND

To initiate a civil case, a plaintiff must file a complaint, often known as a “first petition” (petiço initial). Plaintiff and defendant must be identified, as well as the judge or court to whom the original petition is submitted. Thus, the petition is traditionally broken down into three sections; [A.]  the statement of facts (a recounting of the events that prompted the petition), [B.] considerations of law (a compilation of legislation and legal authorities supporting the plaintiff’s viewpoint), and [C.] a request for relief (where the plaintiff specifies the desired legal action to be taken by the court). This includes all relevant papers and a detailed explanation of how the plaintiff plans to substantiate their claims in the first petition. The judge is then presented with the petition and may decide to reject it (with the option to appeal), request changes, or accept it. Within fifteen days of acceptance, the defendant must file a response or risk default.

As a response to the plaintiff’s first petition, the defense may file either a traditional answer (contestaço), a counterclaim (recovenço), or an exception (excepço). To counter the claims made in the petition, the defendant will file a “contestaço,” which will comprise counterclaims, rebuttals, and rebuttal evidence. Some legal positions are waived if they are not asserted. A counterclaim, in which the defendant makes his claim against the plaintiff, must be related to the original issue or emerge as a defense to the complaint. 

EVIDENCE GATHERING IN BRAZIL

When the judge has finished looking through the petition and the response, they will have a meeting with the parties to narrow the case down to the core points. After reviewing the evidence, they may move for a summary judgment in lieu of a trial if they determine that there are no material facts in question and the only point of disagreement is a legal one. If not, the final starting order establishes what questions will be presented before the court and confirms that the point of contention is meritorious of a response based on the merits of the case. 

Evidence is submitted to the judge to help him make a judgment. The gathering of evidence takes time, often many months. In addition to the plaintiff and the defendant, the judge will also hear oral testimony from any other parties involved. Prior to the questioning session, the judge will receive a list of questions from both parties in the dispute and will ask them on their behalf. After the witness has finished testifying, the opposing party may use “cross-examination” questions to elicit more information. 

After the presentation of evidence, the case proceeds to trial (audiência). The trial’s primary goal is to give the parties one more shot at reaching an agreement. If the parties are unable to settle the case out of court, the trial will continue until the judge issues a ruling based on the evidence presented. Although the judge has wide latitude in weighing the evidence, they must make their decision in accordance with the common rules of experience, the written law of the land, and knowledge of previous decisions (a trend that is approaching Brazilian civil procedure law to English Common Law), and they must do so in a formal sentence that is published in government-kept diaries (diários oficiais), which are analogous to newspapers. Judgment is meant to be rendered within ten days after the conclusion of the trial, however, owing to the high volume of civil cases tried in Brazil, this time frame is routinely extended.

CHANGES MADE TO THE CPC

Many changes have been made to the 1973 C.P.C. to keep it current. A new Constitution (Constituiço Federal, C.F.) was enacted in 1988, among other legislation that had an impact on the C.P.C., and this made it difficult to reconcile the disparities between the previous C.P.C. and the new legal and constitutional order.

The new C.P.C. mandates, under Article 12, with a few exceptions (art. 12(2)), that cases be decided in the order in which they were filed. In addition, the court’s registrar’s office (cartório) and the Internet must always provide an up-to-date list of pending cases (processos) for public review.

A conciliation or mediation hearing at the beginning of the trial phase of a case is now mandatory under the new C.P.C., provided that the initial request (petiço inicial) filed with the court satisfies all the essential requirements and a pleading is submitted. This is in accordance with the arrangements previously established in the law (Juizados Especiales Cveis e Criminais, Lei No. 9.099, de 26 de Se (art. 334).

Under the C.P.C. of 1973, calendar days were included in the computation of the number of days defined by legislation or by the court for procedural times. However, beginning with article 219, only business days will be included. The time limit for filing an appeal and responding to an appeal has also been unified to 15 days (art. 1003(5)), with the exception of embargos de declaraço.

According to Article 926 of the new C.P.C., the higher courts (tribunals) are legally obligated to maintain a consistent, uniform, and reasonable body of case law. In addition, the judgments of the Federal Supreme Court (Supremo Tribunal Federal, STF) on constitutionality and those decisions judged to be binding (smulas vinculantes (“binding decisions”)) must be followed by lower courts and tribunals as mandated by article 927.

The new C.P.C. also mandates that lower courts must adhere to the rulings made by the Supreme Court (Superior Tribunal de Justiça, STJ) on infra-constitutional issues. To ensure uniformity in the application of federal law in Brazil, the Constitution of 1988 established the STJ (C.F. art. 92(II)). Without directly affecting the Constitution, it has last say on all civil and criminal matters in Brazil.

Article 489 of the C.P.C. lays out the components of a legal judgment (sentença) and its repercussions and requires the judge to clarify, in each legal decision, the connection between the law and the case or subject at hand. 

This modification mandates that judges not only follow precedents in making a decision but also examine the relevance of the precedent to the issue at hand.

b. Satisfaction of Continual Requests

In light of article 976 of the new C.P.C., several cases involving the same legal problem may be decided concurrently by appellate courts. Each is necessary to kick off the Incident of Resolving Repetitive Demands (Incidente de Resoluço de Demandas Repetitivas).

First, the potential damage to equity and legal clarity when lawsuits (processos) rehashing the same argument over the same legal problem are effectively repeated.

The method requires a request to be submitted to the president of the appellate court (tribunal)

The judge (juiz ou relator) on an official letter (ofcio); the parties (participantes) on a petition; the public prosecutor’s office (Ministério Pblico) or public defender’s office (Defensoria Pblica) on a petition. (Article 977, Penal Code)

The body designated in the appellate court’s bylaws as being in charge of standardizing the court’s jurisprudence is responsible for conducting the analysis and making the decision to commence the process (art. 978). If another superior court is now reviewing the same factual or legal question within its jurisdiction, then that court’s decision on the matter will stand (art. 976(4)).

Repetition of cases has been a pressing issue in the Brazilian legal system. The idea is that if a legal problem can be addressed once, that solution may be used in all future instances involving the same issue, saving everyone involved time and effort. This innovation, along with the use of precedent, is supposed to make the Brazilian judicial system more flexible.

The easiest approach to gain time and postpone the ultimate judgment on a case was to submit as many appeals as legally feasible in the past or until 2016, when the new C.P.C. would go into effect. The new C.P.C. is designed to penalize the appellant further and compensate the appellee financially if this technique is used. Losers’ motivation to delay filing appeals in the face of the threat of penalties is projected to decrease.

Although Brazilian law does not adhere to stare decisis, the STF has begun making binding judgments (Smulas Vinculantes) in exceptional cases since a constitutional amendment was passed in 2004 (Emenda Constitucional No. 45, de 30 de Dezembro de 2004). (C.F. art. 103-A). It is because of these rulings that the judicial system may finally and definitively settle hundreds of lawsuits on the same problem. 

The STF may, ex officio or upon demand, approve by a decision of two-thirds of its members a decision (smula) that, upon publication in the official press, has binding effects on the other organs of the judiciary and the direct and indirect administrations of the federal, state, and municipal governments. Decisions made by the STF are legally binding until otherwise changed or revoked by the STF in accordance with applicable legislation.

OUR PROCESS

Documents can be faxed (800)-296-0115, emailed ps@undisputedlegal.com, mailed to 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 to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.  Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

for assistance serving legal papers in BRAZIL

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Brazil 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 our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. As of the 16th of March, 2015, a new Code of Civil Procedure (Código de Processo Civil (C.P.C. ), Lei No. 13.105, de 16 de Março de 2015) was enacted by the Brazilian government with the approval of President Dilma Rousseff.

The new C.P.C. went into effect on March 17, 2016, exactly one year after it was published in the Diário Oficial do Unio (id. art. 1,045). Thereafter, the new C.P.C. will take the place of the existing C.P.C., which has been in effect since January 11, 1973 (Código de Processo Civil, Lei No. 5.869, de 11 de Janeiro de 1973). 

In order to provide the judicial system, legal experts, and the general public enough time to adjust to the new Criminal Procedure Code, a one-year grace period is required before it may go into effect.

2. One such exception is an argument that seeks to dismiss the case before a decision on the merits has been reached (such as lack of jurisdiction).

3. Since the C.P.C.’s creation in 1973, 64 laws have been passed that update the Code in some manner, including an Act of the president of the Federal Senate (Ato do Presidente No. 379, de 2009) creating a committee of legal academics to create a new C.P.C. More importantly, the legal mechanisms for the protection of basic rights had not undergone the same conceptual development in 1973 as they have since. The organization and function of the Judicial Branch have undergone dramatic changes since then. In addition, the constitutional provisions of both access to justice and a fair time of procedure have attained basic protections.

4. To further the goals of the new C.P.C., Brazil has recently updated its Arbitration Law (Lei No. 9.307, de 23 de Setembro de 1996, as revised by Lei No. 13.129, de 26 de Maio 2015) and passed a new Mediation Law (Lei No. 13.140, de 26 de Junho de 2015). These two new laws were passed with the expectation that they would lower the total number of cases filed before the courts and, therefore, the need for formal justice. The Global Legal Monitor has published two pieces on these new laws: one on the new Arbitration Law and another on the new Mediation Law.

5. As Brazil’s highest court, the STF is charged with upholding the Constitution and conducting judicial reviews (C.F. art. 102(III)).

6. It seems that precedent will play a central role in deciding legal disputes under this explicit approach. In 2004, when Amendment No. 45 to the Constitution gave the Federal Supreme Court the authority to make judgments with mandatory legal force, this procedure was first used.

7. In addition, a judge will consider the following while rendering a ruling:

  1. Must address all points raised throughout the proceeding that might, in principle, contradict the judgment reached by the court; cannot use uncertain legal terms without explaining the true rationale for their occurrence in the case.
  2. cannot rely solely on precedents without explaining how the current case differs from the one in the precedent or showing that the precedent applies to the current case; 
  3. cannot refuse to apply a precedent (enunciado de smula ou jurisprudência), or a precedent invoked by a party without explaining how the current case differs from the precedent or showing that the precedent has been overturned.

8. If a collective body decides that an appeal (a grave de instrument) is without merit, the appellant must pay the appellee a fine of between 1% and 5% of the current value of the claim (art. 1.024(4)).

The judge of the appellate court must sentence the appellant to pay the appellee a fine not exceeding two percent of the revised amount of the claim (art. 1.026(2)) where an appeal (embargos de declaraço) is dilatory.

The filing of any appeal must be subject to the prior deposit of the imposed fine, except for the Treasury (Fazenda Publica) and the beneficiary of gratuitous justice, which must be collected at the end of the case (art. 1.026(3)), and in the event of a reiteration of an appeal (embargos de declaraço) manifestly dilatory, the fine will be increased to up to 10 percent of the updated amount of the claim.

9. Law No. 11.417 of December 19, 2006, governs the issuing, amendment, and cancellation of Smulas Vinculantes.

10. The goal of a final decision is to settle disputes over the law’s validity, interpretation, and applicability when there is actual controversy among courts or between courts and the government, leading to significant legal uncertainty and an increase in cases involving the same issues (C.F. art. 103-A(1)).

It is the right of any person with standing to initiate a direct action asserting unconstitutionality (C.F. art. 103-A(2)) to seek judicial approval, modification, or revocation of a final judgment, regardless of what the legislation may stipulate.

AUSTRIA PROCESS SERVICE RULES AND LAWS

The expenses associated with civil procedures in Austria are governed by the ZPO or the Austrian Code of Civil Procedure. Generally, the parties to a dispute are responsible for covering their legal fees, and the successful party is entitled to an award of costs after the case is concluded.

It may be difficult for the victorious party to collect on an award of costs from a non-Austrian party if that party does not have any assets in Austria that may be seized to satisfy the award. Therefore, the victorious party would have to seek foreign enforcement of an Austrian court’s ruling, which might provide its challenges.

BACKGROUND

The Act on the Judicial Procedure in Civil Disputes (ZPO) and the Act on the Exercise of Jurisdiction and Competence of the Ordinary Courts in Civil Cases are the two primary sources of civil procedural law in dispute. They lay forth the fundamental guidelines that must be followed by both the party bringing a lawsuit and the court. The Act on the Exercise of Jurisdiction and Competence of the Ordinary Courts in Civil Cases will supply the requirements for the response if the individual is eager to submit a claim and wants to know which court will be considering their complaint. The ZPO will guide you if further details regarding the next course of action are required.

In order to launch a typical Austrian civil case, a statement of claim must be filed with the court; this signals the start of ongoing procedures. Beyond that, it identifies the disputing parties and the issue. The court considers the procedural requirements based on the claim before informing the opposing party. After the claim has been considered and the court determines that the action is conclusive and all other conditions have been met, oral hearings are set right away. District court proceedings go under this. The responsible judge directs the respondent to answer the complaint within four weeks if the action is presented to regional courts prior to oral hearings. The four-week deadline for the declaration of defense is debated in the literature as to whether it may be extended or a non-extendable emergency deadline. 

Unless statutory law specifies otherwise, the statute of limitations is thirty years and begins when the claim originates and becomes due. Although individual statutes of limitations have preferences, this is only a catch-all supplementary clause. Damages, inheritance, and rental fee claims, for example, are exceptions. Damage claims expire three years after the parties eligible to file become aware of the harm and the responsible party. In addition, the standard thirty-day window is applicable. In many instances, a short, subjective term and a long, objective term are combined.

Additionally, certain activities have a shorter time restriction. For instance, a possession interference action must be filed within thirty days after becoming aware of the interferer and the interference in order for it to fulfill its peacekeeping purpose. 

SPECIFICS OF A CLAIM IN AUSTRIA

Interim injunctions may be requested before or during a dispute, but they are only implemented upon request. The claim just has to be certified in order to impose an injunction. This indicates that no proof—or at least a high degree of certainty—is needed since proof of entitlement suffices. The trial court is in charge of granting the order if the security application is made during the process or in conjunction with a lawsuit. It is up to the district courts to determine whether the claim should be safeguarded prior to litigation and if it is acceptable.

These actions, which have a similar form but a distinct goal setting from procedures for the preservation of evidence, must be clearly defined. Both may be considered backup measures, but the perpetuation of evidence acts as a preventative strategy by recording the present level of proof, while the interim injunction’s goal is to maintain the enforcement of a claim. If doing so does not violate EU or international law, Austrian courts may mandate the preservation of evidence that would otherwise need to be collected abroad. This also holds if a future legal issue is brought before a court with authority over international matters. 

REPRESENTATION IN COURT

If the sum in controversy is merely up to five thousand euros, a litigant in Austrian court proceedings is permitted to represent themselves in proceedings of the first instance before the district courts. The use of any other person’s representation is also allowed. In certain particular district court proceedings, the litigant is not required to retain counsel, but if they do, that counsel must be an attorney at law. All cases must be successfully prosecuted with the assistance of an attorney before the district courts and appellate courts.

Legal entities, whether created under public or private law, are entitled to rights and are subject to responsibilities of any type in their names. In terms of their legal capacity, they are, in theory, on par with natural people unless the law in issue calls for a natural person. Legal people must act via organ representatives, which a natural person must carry out since they are unable to authorize or commit themselves directly. They are subject to the same restrictions as those listed above. Representatives of companies are only permitted to represent their entities in court if an attorney is not required or, in cases where one is, the representative is an attorney by profession.

JURISDICTION IN AUSTRIA

The Austrian Service Act mainly applies to the serving of official documents in legal and administrative processes. It claims that international conventions are mostly controlling when it comes to servicing overseas. The legislation of the European Community is applicable to all EU Member States. Existing bilateral and multilateral treaties will only continue to be applicable for services provided in foreign countries.

Additionally, each Member State is required to select suitable transmitting and receiving agencies for service. Documents should normally be served in the language of the state to which they are sent; otherwise, the addressee may reject them. The terms and outcomes of service performed abroad must be evaluated in accordance with the procedural legislation that is relevant to the state of service. In addition to service provided by transmitting and receiving agencies, effective service may also be provided through postal services. The court will decide how to serve documents in a specific instance.

Austrian courts may also compel parties and representatives who lack a national location of delivery to appoint an authorized representative for service outside the purview of EU legislation. These laws apply equally to both natural and legal persons, even if this may not be the case under the domestic law of the receiving state. 

ENFORCEMENT OF FOREIGN JUDGEMENTS IN AUSTRIA

The Execution Order outlines the major procedural requirements (EO). It was revised in 2017 and recently underwent a fundamental change. It now has a separate section titled “international enforcement law” that specifies that acts and documents created outside of Austria require a declaration of enforceability in order to be used unless they are recognized as enforceable by an international agreement or acts of the European Union.

The main goal of the legislative initiatives at the European level is to guarantee the free movement and enforceability of court judgments made by Member States within the European Union. Regulation (EU) No. 1215/2012 on the recognition and enforcement of decisions in civil and commercial issues has been reformed, which is mostly to blame for these developments.

The controlling principles are outlined in the Execution Order if a declaration of enforceability is preconditioned in the absence of bilateral or multilateral international agreements. An application for such a declaration and one for authorizing execution may be submitted together. Both are subject to the local district court’s jurisdiction, which decides both petitions concurrently. The overseas execution order is to be handled like a domestic one after a declaration of enforceability has become final. Such a law, meanwhile, is never more successful than it is in the state where it was first implemented.

The Hague Convention on Civil Procedure of 1954, which has been ratified, or customary international law, which adheres to the principle of reciprocity, are the major sources of information on international judicial aid to non-member states of the European Union. A request for foreign legal aid may be sent via diplomatic or consular channels as well as directly between judicial authorities. 

SERVICE OF PAPERS IN AUSTRIA

Service is a legal action that is automatically carried out after being directed by the court in the course of legal proceedings (Zivilprozessordnung – ZPO). Service must be formally recorded so that the day and person(s) served may be confirmed. If there is evidence that the papers have been properly served, certain procedural consequences may only be applied. As a general rule, all court orders (such as summonses, rulings, and judgments), as well as all requests from parties (such as claims, defenses, and appeals), must be served officially on the opposing party.

The decision-making body directs the way of service and the delivery of papers (judge, judicial officer). The decision-making authority must issue this directive, known as a service decree (Zustellverfügung), on the original copy of the document to be served. A delivery service handles the actual service procedure itself.  To obtain registration information regarding the primary residence registered for a natural person, anyone—including a foreign authority—may get in touch with the Austrian registration authorities (municipal office, municipal authorities, municipal district office). The central registry contains the registration data (Zentrales Melderegister – ZMR). The names of all people registered in Austria are included here, together with information on their primary address and, if relevant, their secondary residence. It is required to register or deregister as a resident in Austria.

SERVICE METHODS IN AUSTRIA

In general, a delivery service, such as the postal service or another universal service provider, or court personnel conduct service.

The court must appoint an administrator if service can only be completed by the public announcement (inclusion in the edict file), and the person involved would normally need to take legal action to protect their rights in light of the document to be served on them, especially if the document contains a summons for this or those person(s). The edict file must include an announcement of the administrator’s appointment. Service is judged to have been completed when this occurs, and the document is then delivered to the administrator. 

The courts may serve papers electronically as well. The technology used for this is the Elektronischer Rechtsverkehr, or ERV, for short.  Personal service is the process where the papers must be delivered in person to the person being served if the law prohibits the server from serving them to a different recipient. This only applies in unusual circumstances.

Other than that, alternative service is acceptable. If the addressee cannot be located at the delivery location, the documents may, in theory, be delivered to any adult residing at the same address as the addressee or to any employee or employer of the addressee willing to accept them. This individual is referred to as the replacement receiver (Ersatzempfänger) under the law.

However, the server may only provide substituted service if the server has good cause to anticipate that the addressee will be there to accept the delivery on a regular basis. A person who is a party to the legal dispute as the addressee’s adversary is not permitted to serve as a replacement receiver. Additionally, substituted service is not considered to have been completed if the addressee was not present at the delivery place and so was unable to learn about the served documents in a timely manner. 

The document must be deposited where service is handled by a delivery service, at its relevant business premises, and in all other situations, at the relevant town hall or authority, if located in the same municipality, if neither the addressee nor a substitute can be found at the delivery location and the server has reason to believe that the addressee is regularly present there 

The document must be left at the delivery place or, if this is not practicable, deposited without any written notice if the addressee or a substitute receiver who lives in the same home declines to accept it without a good legal justification. Service is completed when the document is left or deposited. 

FOREIGN SERVICE OF PAPERS THROUGH THE POST

The Universal Postal Union Convention and an international acknowledgment of receipt must be followed while providing postal services. The document must be given to the addressee or, if that person cannot be served with it, to another person authorized by local law to receive it (e.g., authorized recipient, substitute recipient). 

The question of whether it is legal to deposit the document and, if so, with what restrictions is not covered by any provisions of the Universal Postal Union Convention. Therefore, the national laws of the nation where the text is being presented serve as the foundation for these issues. The document may be deposited in accordance with the applicable rules of Austrian law, provided that the prerequisites are met. 

 The delivery agent must attest on the evidence of delivery that the document has been served (confirmation of delivery, acknowledgment of receipt). If the person accepting delivery of the document is not the real addressee, they must indicate their connection to the latter and sign the proof of delivery to affirm service. If the recipient declines to acknowledge receipt, the delivery agent must indicate this refusal on the proof of delivery along with the date and, if relevant, a description of the recipient’s relationship to the addressee. The evidence of delivery must be promptly sent back to the sender.

Our Process

Documents can be faxed at (800)-296-0115, emailed to ps@undisputedlegal.com, mailed to 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 the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN AUSTRIA

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all 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 our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

Zivilprozessordnung (ZPO) is the Austrian code of civil procedure. It was drafted in 1895 by Franz Klein and superseded the Josephinian Common Court Regulations (Allgemeine Gerichtsordnung (AGO)) of 1781

 Act JN:

3. The Vienna upper regional Court has confirmed the potential for an extension upon request.

4. Due to ECHR case law, preliminary court hearings are often two-sided and in accordance with Article 6 of the ECHR (right to be heard); only in urgent situations may a restraining order be given without the opposing party being heard.

5. In contrast, lawyers licensed to the Austrian Bar are permitted to advocate for themselves in any procedure and before any court, but foreign attorneys are not permitted to rely on this exemption. Parties must be represented by an Austrian attorney in circumstances where lawyer involvement is required.

6. The Service Regulation provides for the service of judicial and extrajudicial documents in civil or commercial disputes within EU Member States.

7. The most recent changes, which took effect in 2021, mostly concern domestic execution practices. The newly modified international enforcement statute did not undergo any significant content changes.

8. In the European Union, Regulations (EC) No. 1206/2001 (taking of evidence) and (EC) No. 1393/2007 (judicial aid) regulate the practice in its entirety (service of documents).

9. According to Section 87 of the Austrian Code of Civil Procedure.

10. In most cases, this will be the postal service, however under Section 2(7) of the Austrian Service of Documents Act (Zustellgesetz – ZustG) and Section 3(4) of the Austrian Postal Market Act (Postmarktgesetz), it may also be another universal service provider.

11. Gemeindeamt, Magistrat, Magistratisches Bezirksamt)

12. A written registration inquiry must be submitted for a charge of €14.30. Any oral or digital inquiry made using a Citizen Card is free. A federal administrative fee of €3.30 will also be due.

13. Section 88 of the Austrian Code of Civil Procedure).

14. Sections 116–118 of the Austrian Code of Civil Procedure (service via an administrator appointed by the court)

15. Lawyers and defense counsel, notaries, credit and financial institutions, Austrian insurance companies, social insurance providers, pension institutions, the Construction Workers Leave and Severance Pay Fund (Bauarbeiter-Urlaubs- und Abfertigungskasse), the Pharmaceutical Salary Fund (Pharmazeutische Gehaltskasse), the Bankruptcy Contingency Fund (Insolvenz-Entgelt-Fonds), and IEF-Service GmbH, the system administrator, are the only parties required other individuals do not have to participate in this system, although they are welcome to do so.

16. According to Section 16(2) of the Austrian Service of Documents Act

17. Section 16(5) of the Austrian Service of Papers Act

18. If the authority hasn’t prohibited this by attaching a letter to the proof of delivery, it is allowed to transmit an electronic copy of the proof of delivery or its content instead of the physical proof of delivery. If the authority demands it, the original proof of delivery must be given right away and stored for at least five years after the electronic copy is delivered.

WHAT DO PROCESS SERVERS IN GEORGIA DO

This article will provide guidance on What Do Process Servers in Georgia Do?  A process server’s job is to hand court papers to the appropriate people involved in a case. The term ‘court proceedings’ include both public and private cases, as well as subpoenas, complaints, and other forms of the legal process. State laws concerning the service of process do differ. State rules, regulations, and limits dictate the manner and timing of how and when a process server must serve legal papers.

Georgia does not mandate a license for process servers, although certain counties in the state may need registration with the court system, a criminal history check, and an appointment by a court administrator or judge. A court order must be served by the sheriff of the county where the action is filed or by another person the court appoints to do the service.

WHO CAN BE A PROCESS SERVER IN GEORGIA

While the state of Georgia does not mandate any specific training or licensing for process servers, some county courts in the state do require process servers to register with their respective court systems, pass a background check, and be appointed by the court administrator or judge before they can serve legal documents. It is always preferable to have a process server to know what they are doing, however. At Undisputed Legal, our process servers are licensed and well-trained in Georgia laws and are able to provide the smoothest process service experience possible. 

Service of process may be made by the sheriff of the county in which the action is filed or by a process server designated by the court. Becoming a certified process server is a prerequisite for appointment in certain jurisdictions.

If an individual wants to be appointed to a court position, they will need to fill out an application in every county where they want to serve. The applicant may find the applications and other paperwork required by a court on its website. As soon as the applicants have finished filling out the application, they should send it to the Clerk so the court can approve it. 

REQUIREMENTS OF PROCESS SERVICE IN GEORGIA

A motion and order for special appointment must be filed if the court does not appoint a process server for the service. Service of process may be made by the sheriff or a deputy sheriff of the county where the action is brought or where the defendant is found, or by the marshal or sheriff of the court, or by a deputy marshal or sheriff of the court, or by any citizen of the United States specially appointed by the court for that purpose, or by an adult who is not a party to the action and who has been appointed as a permanent process server by the court.

To determine whether an applicant is qualified to be certified and authorized to act as a process server in Georgia, the sheriff of any county in Georgia should review the application, test score, criminal record check, and such other information or documentation as required by that sheriff. There is an application fee of eighty dollars that must be paid to the sheriff in order to complete the paperwork necessary to comply with Georgia Code provisions. As soon as the complaint is filed, the clerk must issue a summons and have it served. Summonses against any defendants may be issued alone or in addition to those already issued at the plaintiff’s request.

In order to keep our clients looped at every single step of the way, we ensure that we provide [A.]  GPS affidavits of service; [B.] personalized ‘Real-Time’ email status updates and [C.] an email copy of affidavit prior to mailing. This allows our clients to not worry about the status of service and be updated about what has happened to their documents. We also provide a free basic skip trace for new clients. 

HOW DOES THE PROCESS SERVER DELIVER SERVICE

The summons must be signed by the clerk, including the names of the court and county as well as the parties, be addressed to the defendant, including the name and address of the plaintiff’s attorney if one is being used, and finally, notify the defendant that they will be subject to a default judgment by default if they do not appear and file the appropriate defensive pleadings with the clerk of the court within the time frame specified in this chapter.

Service within this state must be completed within five (5) days of the individual receiving the summons and complaint; however, a failure to complete service within this time frame does not render a subsequent service of process invalid. Complaints and summonses must be served jointly. The plaintiff is required to provide the court clerk with as many copies as are required.

 A copy of the summons and the complaint will be delivered to the defendant.  In general, if the defendant in respect of whom service is sought resides outside the state, has left the state, cannot be located within the state despite reasonable efforts, or conceals themself to avoid service of the summons, and it appears, by affidavit to the satisfaction of the judge or clerk of the court, that a claim exists against the defendant in respect to whom service is sought, then service may be made by publication. A copy of the notice, together with a copy of the order for service by publication and complaint, should be enclosed, directed, stamped, and mailed to the party named in the order at their last known address within fifteen days after the filing of the order for service by publication. 

At Undisputed Legal, all types of legal paperwork (summonses, complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notifications, motions, and more) are served by our Georgia process servers. We serve legal documents to individuals, businesses, government agencies, and other organizations throughout Georgia.

We have three (3) levels of process service available in Georgia, and we use only Georgia-based process servers to provide the highest quality of service to each of our customers. All the customer has to do is choose between two processing times: [A.] routine service, wherein the server will make their first attempt within five to seven business days [B.]  rush service, wherein service will take place within forty-eight hours. There is also an additional service called mail service wherein documents will be sent within twenty-four hours. 

A process server in Georgia will make up to three (3) efforts to hand deliver your documents, regardless of whatever service option you choose (Routine or Rush) (Morning, Afternoon & Evening).

OUT-OF-STATE SERVICE IN GEORGIA AND RESTRICTIONS TO PROCESS SERVICE IN GEORGIA

 An order for personal service out of state may be granted if the court is satisfied by the facts set forth in an affidavit or by the allegations in a verified complaint on file that a claim is asserted against the person in respect to whom service is to be made and that he is a necessary or proper party to the action. A copy of the complaint and the process should be personally delivered to the individuals to be served.

Service of process may be made at any location inside or outside of the state’s borders as the law may permit. Proof of service should be filed with the court as soon as practicable and, in any case, within the time frame within which the party being served is required to reply.  In its discretion, the court may permit any process or evidence of service thereof to be altered under such conditions as it considers equitable unless it seems that serious injury would arise to the substantial rights of the person against whom the process is issued.

A copy of the complaint or other pleading, with the summons attached thereto, and a copy of the affidavit to be submitted to the court should be served on the Secretary of State, their duly authorized agent, or his successor in office in order to effect service of process upon a nonresident. Service upon any such nonresident will be deemed to have been made upon him or her if notice of such service and a copy of the complaint and process are promptly sent by registered or certified mail to the defendant, if their address is known, and the defendant’s return receipt and the plaintiff’s affidavit of compliance are attached to the summons or other process and filed with the summons, complaint, and other papers in the case. 

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed ps@undisputedlegal.com, or uploaded to our website. 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 the 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.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware| Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus| Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg | Malawi | Malaysia | Malta| Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand|Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

for assistance serving legal papers in georgia

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For a complete list of our Georgia Process Service Coverage Areas, Click Here!

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

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Soures

1. Individuals seeking certification under OCGA 9-11-4.1 must first complete a 12-hour pre-certification course, then pass a test given by the Administrative Office of the Courts, then get a surety bond, provide a valid birth certificate, and finally submit fingerprints for a background check.

2. Upon acceptance, the applicant must execute the following written oath: ‘I, the undersigned, sincerely swear (or affirm) that it is my intention to uphold the Constitutions of the United States of America and the State of Georgia in my official capacity as a process server. Moreover, I confirm that I will not serve any documents or process in any action in which I have a direct or indirect financial or personal interest, or in which the decision might affect the financial or personal interests of any individual connected to me by blood or marriage.’

3. At the time of certification, a sheriff of any county in this state must provide an identity card to each qualified process server. The ID card will not resemble a police badge in any way, shape, or form and will instead have artwork that clearly differentiates its holder. While serving legal documents, a process server must always have their credentials readily available for inspection.

Any individual who advertises or holds themselves out as a process server but does not possess such a certification will be in violation of the law. Whoever breaches this provision shall be guilty of a misdemeanour.

4. Each time a charge is collected, the sheriff must provide $30 to the Georgia Sheriffs’ Association. It is the responsibility of the Georgia Sheriffs’ Association to keep track of qualified process servers.

5. Non-residents must be served with a copy of the notice that was published in a newspaper; however, they need not receive a physical copy of the newspaper. The delivery of a copy of the summons, complaint, and order of publishing outside of the state in lieu of publication will be deemed to be service of notice by publication and to mailing, whether shown to the satisfaction of the court or otherwise, where service by publication is ordered. The deadline for the defendant to submit an answer or other defence documents is thirty days from the date of such personal service outside of the state.

6. The following shall constitute proof of service:

  1. Affidavit or certificate of sheriff, marshal, or deputy who made service;
  2. Affidavit of such, if made by any other competent person;
  3. The clerk of court’s certificate attesting to publication and mailing if served by publication; or
  4. The defendant’s signed consent to or acceptance of service. If service is made in a way other than publishing, the certificate or affidavit must specify when, where, and how the documents were delivered. A failure to provide evidence of service will not invalidate the service.

7. In proceedings in the probate courts and in any other special statutory proceedings, the methods of service provided for in this Code section may be used in addition to, instead of, or in lieu of the method of service specifically provided for in any such proceeding; and, in any such proceeding, service shall be sufficient when made in accordance with the statutes relating particularly to the proceeding.

8. Ga. L. 1966, p. 609, 4; Ga. L. 1967, p. 226, 1-3, 51; Ga. L. 1968, p. 1036, 1; Ga. L. 1968, p. 1104, 1, 2; Ga. L. 1969, p. 487, 1; Ga. L. 1972, p. 689, 1-3; Ga. L. 1980, p. 1124,

9. Service of process on the Secretary of State under this Code section will incur the fee specified in Section 45-13-26, which will be charged and collected by the Secretary of State.

WHAT DO PROCESS SERVERS IN CONNECTICUT DO

This article will provide guidance on What Do Process Servers in Connecticut Do? Service of process in a civil matter must be made on the appropriate court at least thirty days (inclusive) before the day of the sitting of the Supreme Court or the Superior Court at least twelve days (inclusive) before such day.

At least twenty days prior to the return day, a process in civil actions returnable to the Supreme Court shall be returned to its clerk. If returnable to the Superior Court, the process shall be returned to the clerk of such court at least six days prior to the return day, except process in summary process actions and petitions for paternity and support.

BACKGROUND

A sheriff, their deputy, a constable, or other appropriate authority authorized by legislation or a person not interested can serve process . Any sheriff, deputy sheriff, constable, or other suitable officials may be served with the process provided it is directed ‘to any proper officer.’ It is preferable to involve a private process server like Undisputed Legal since our Connecticut process service agencies are significantly more accountable to each client, especially considering that the range of activities offered by a sheriff is not limited merely to the service of process. 

Unless more than one defendant is named in the process and they are described to reside in different counties in the state, or unless, in the case of a writ of attachment, the plaintiff or one of the plaintiffs takes the oath before the authority signing the affidavit. The signing official must state that they administered the oath and provide the name of the party receiving the writ but is not required to explain why that person is receiving it. Suppose it can be shown that the party providing the affidavit did not have reasonable reasons at the time of making it for believing the assertions in the affidavit to be accurate. In that case, any process directed to an indifferent person on the basis of the affidavit may be dismissed. Please visit our rules and laws page, Connecticut Rules of Civil Procedure.   For instructions on How To Serve Legal Papers in Connecticut, Click Here!

WHAT DOES A PROCESS SERVER DO IN CONNECTICUT

A defendant may be served with a summons by having an officer read him the document and the accompanying complaint or by having an authenticated copy of the summons and complaint left at his residence. The officer providing service must include the address where the certified copy was placed at the defendant’s normal residence on his return when service is performed by leaving the copy at that location.

Forms of legal process are applicable to private citizens, public entities, businesses, and non-profit organizations. A genuine and certified copy of the statement or complaint and summons in a civil action must be left with the defendant or at his regular place of living in this state.  Service of process in action brought against a partnership may be made by delivering a copy of the writ and the complaint to the last known address of each partner named in action by registered or certified mail, return receipt requested, prior to the return date. If no partners are residents of the state, service may be made upon the Secretary of State. Mailing and receipt confirmations must be provided.

At Undisputed Legal, we take the burden of process service off our clients. Our team of process servers in Connecticut is highly trained, even if Connecticut does not need licensing. We ensure that our clients are always looped into the service timeline, including real-time email updates to our clients as well as GPS affidavits of service and an email copy of the affidavit before mailing. We also offer a free basic skip trace for new clients. 

OUT-OF-STATE PROCESS SERVICE IN CONNECTICUT

The foreign service of process must be made in compliance with the applicable treaty, convention, or court order. The civil process must not be served outside the United States of America in contravention of any relevant treaty or convention, including, but not limited to, the Hague Convention on Service of Process Abroad. 

The Superior Court may, upon application, order service of process upon such terms as the court deems reasonably calculated to give the defendant actual notice of the proceedings in sufficient time for the defendant to defend if service of process cannot be made within sixty days under the applicable treaty or convention.

At Undisputed Legal, we also aid in process service from out of state. Our Connecticut process servers serve all legal documents, including summons and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more. We are a full-service process server agency providing services to federal, state & city agencies, law firms, attorneys, and the general public in Connecticut.

We make sure that our process servers follow all the requirements of Connecticut. Our clients receive professionals who ensure that service is done speedily and accurately. Our highly trained process servers offer five (5) levels of process service in Connecticut, being [A.] routine service when a  Process Server makes its first attempt within three to seven business days; [B.] rush service, wherein the Process Server will make their first attempt within forty-eight hours; Same Day service where service is first attempted the same day and [D.] service of mail when documents are issued within twenty-four hours of service. 

The only difference in the above levels of service is the start times; they all include the Connecticut process server making up to three (3) attempts (Morning, Afternoon & Evening). Another level of service offered is  Stake-Out service, with our Process Server appearing on the date & duration of time you select. It is a highly specified level of service since the client is provided the ability to 

choose the date & duration of time. It should be noted. However, that stakeout service requires a minimum of an hour’s waiting time. 

SERVICE OF DOCUMENTS 

Witness subpoenas must be signed by the court clerk or a commissioner of the Superior Court. They may be served by a law enforcement officer, a neutral third party, or, in the case of a criminal defendant who is represented by a public defender or special public defender, an investigator from the Division of Public Defender Services. Unless the court directs otherwise, the subpoena must be delivered at least eighteen hours before the time the witness is required to attend. At Undisputed Legal, we ensure that service is provided well within this timeline. We ensure that all documents are issued within a short period of receipt and take responsibility off our client’s shoulders. 

If a witness who the state has subpoenaed, the Attorney General, an assistant Attorney General, a public defender, or an assistant public defender acting in his official capacity, or any other person upon whom a subpoena is served to appear and testify in a cause pending before any court and to whom one day’s attendance and fees for traveling to court have been tendered, fails to appear. 

SERVICE OF PROCESS

By law, all civil processes must be served by a sheriff, deputy, constable, or other proper officer authorized by statute (CGS § 52-50). In addition, an ‘indifferent person’ can serve process under two circumstances. An indifferent person can serve process if more than one defendant is named in the process and reside in different counties. An indifferent person can also serve process if the plaintiff or his attorney swears to the person signing the process that he believes the plaintiff is in danger of losing his debt unless an indifferent person makes immediate service of the process. The process must be signed by a licensed attorney, a judge, or a court clerk (CGS § 52-45a).

OUR PROCESS

Documents can be faxed at (800) 296 – 0115, emailed to ps@undisputedlegal.com, mailed to 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830, 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 the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg | Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand|Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20037

for assistance serving legal papers in Connecticut

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For a complete list of our Connecticut Process Service Coverage Areas, Click Here!

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

“Quality is never an accident; it is always the result of high intention, a sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. If you need more information on Process Serving in Connecticut, you should talk to a local server.

 Connecticut law allows the service of process by any indifferent person under certain circumstances. But Connecticut does not license, register, or otherwise regulate private process servers. Thus, no central listing or registry of private process servers exists. 

Each person who serves process receives a fee of up to $20 for each process he serves and an additional fee of $10 for the second and each additional defendant he serves. In addition, he receives 30¢ per mile (CGS § 52-261).

2. A support enforcement officer or support services investigator of the Superior Court may serve a petition for modification, a motion for contempt, or a wage withholding in any child support matter, including but not limited to those petitions for support authorized under sections 17b-748 and 46b-215, and those matters involving a beneficiary of care or assistance from the state.

Within their boroughs’ boundaries, bailiffs have the authority to carry out any legal procedure that would normally fall within the purview of a sheriff or constable.

3. Any investigator working for the Commissioner of Administrative Services or the Commissioner of Social Services may serve any party with a motion to modify, a motion for contempt, or a motion to withhold wages in any case involving a recipient of state care or assistance, including cases involving IV-D child support.

4. Any person authorized to do service by the laws of the state, territory, possession, or country in which service is to be made or by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction may serve process outside the state upon any person domiciled in or subject to the jurisdiction of the courts of this state or his executor or administrator in the same manner as service is made within the state.

5. Process may be served on the association’s president, secretary, or treasurer in legal proceedings filed against it. The voluntary association shall be deemed to have appointed the Secretary of the State as its attorney and to have agreed that any process in any civil action brought against it may be served upon the secretary of the state, with the same validity as if served personally, if all of such officers are not residents of the state and the voluntary association is doing business, acting, or carrying out its operations or functions within the state. Any officer to whom service is directed shall serve process upon the Secretary of State by leaving with or at the office of the Secretary of State a true and attested copy thereof at least twelve days before the return day of the process and by sending to the defendant at its last known address by registered or certified mail, postage prepaid, alike true and attested copy with an endorsement thereon of the service upon the Secretary of the St.

6. notwithstanding any provision of the general laws related to service of process.

7. The head of police, or whoever is chosen by the chief of police at the relevant police station, must act as the agent of the police officer listed in the subpoena. The legal process served on the broker will be treated as if it had been served on the cop.

A correctional officer’s agent in the facility where the officer is assigned must be served with any subpoena that names the officer as a witness. The Commissioner of Correction chooses this person. Service on the agent will be treated as service on the sheriff or other law enforcement official.

Any state-issued subpoena, including those issued by the Attorney General or an Assistant Attorney General or by any Public Defender or Assistant Public Defender acting in his official position, may include the following language: If you bring this subpoena to the clerk of the court where you are required to appear, the court will cover your statutory fees as a witness. The court may issue a warrant for your arrest if you fail to appear in court on the date and time specified or on any subsequent date and time to which your appearance may have been adjourned or continued by order of an officer of the court.

WHAT DO PROCESS SERVERS IN NEW JERSEY DO

This article will provide guidance on What Do Process Servers in New Jersey Do? The norms and regulations for serving legal documents in New Jersey are distinct from any other state. The rules in the state of New Jersey enable anybody over eighteen who has no direct stake in the case to serve legal papers.

Technically, this implies that nearly anybody in New Jersey can serve papers, but the service of process in New Jersey is complicated. Legal service of process is subject to certain constraints, and there are extra obligations for preserving and documenting relevant records. An experienced process server in New Jersey can guarantee good service is made in line with state law. At Undisputed Legal,  we ensure that our process servers are highly trained, licensed, and accountable to our clients. As a full-service firm, our New Jersey Process Servers are local to the state and are very well-versed in the requirements of the process. Please visit our rules and laws page, New Jersey Rules of Civil Procedure.   For instructions on How To Serve Legal Papers in New Jersey, Click Here!

Other states prohibit serving of process on Sundays; New Jersey does not have such restrictions.

HOW DOES process SERVICE HAPPEN IN NEW JERSEY

In New Jersey, the most effective mode of delivery is personal service, which is when papers are delivered to an individual in person. Personal serving of process is the safest and most reliable way to ensure that the court will properly process your paperwork. An experienced process server would often establish a first contact by waiting in a public area that the target person frequents and then personally delivering the papers.

However, there are situations in which personal service cannot be made because evasive people are actively avoiding it. After many failed efforts at serving, a request for alternative service may be filed.

A process server may complete service by mail, publishing in a newspaper or periodical, or electronic transmission such as email if the court approves of such other service. At Undisputed Legal, our process servers are well-versed in traditional and non-traditional serving techniques. Our New Jersey process servers serve all legal documents, including summons and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more. We are a full-service process server agency providing services to federal, state & city agencies, law firms, attorneys, and the general public in New Jersey.

OUT-OF-STATE Process SERVICE IN NEW JERSEY

To simplify and standardize the practice of serving subpoenas across state boundaries, the Uniform Interstate Deposition and Discovery Act (UIDDA) New Jersey was drafted. With the Uniform Interstate Discovery Act (UIDDA), subpoenas may be issued in states that are part of the system with substantially less red tape and without the need for local counsel in the state where the deposition or discovery will take place.

Since New Jersey joined the UIDDA in 2014, out-of-state plaintiffs no longer need to hire local NJ counsel in order to serve subpoenas in New Jersey. Although the UIDDA has expanded to include other states, it is better to err on the side of caution and hire individuals who are well-versed in the requirements of service. At Undisputed Legal, we are adept at the service of process out of state, and we ensure that our clients are always aware of the status of their process. We do this via GPS affidavits of service and personalized real-time email status updates to our clients. Additionally, we keep our clients in the loop every step, as we email a copy of the affidavit before mailing it. We also offer a free basic skip trace for new clients. 

HOW IS Process SERVICE DONE IN NEW JERSEY 

The time it takes to serve someone with legal papers varies widely from case to case and depends heavily on whether or not the defendant is actively attempting to avoid being served. The best method to expedite the process and make sure papers are served as soon as possible is to work with a seasoned process server in New Jersey. 

The sheriff, a person expressly authorized by the court, the plaintiff’s attorney or agent, or any other competent adult not directly involved in the action may serve the defendant with the summons and complaint.

The Rules of Civil Procedure for the State of New Jersey specify the procedures to be followed when serving legal papers. As a process server, knowing these guidelines can help you serve papers in a timely manner while adhering to the law. For instance, a process server in New Jersey cannot use the “nail and mail” method of service, in which papers are left in a mailbox or affixed to the door, even though this is legal in certain other jurisdictions, such as New York. Delivery of legal papers in New Jersey must be made in person to either the designated individual or another person over the age of fourteen who resides at the same location and has verified their identities.

A process server’s responsibility is to deliver legal papers such as subpoenas and summonses to the defendants in pending cases. Notifying the opposite party that a lawsuit has been filed requires the filing of legal papers that include crucial case information. While being a process server in New Jersey does not need a license, it is highly recommended that anybody interested in the field pursue formal training. If the papers are not served by the deadline set by the New Jersey courts, the process server will have to refile the documents. Therefore, before attempting to serve legal papers, it is essential to get instruction from a dependable, experienced, and qualified process server.

Our New Jersey process servers serve all legal documents, including summons and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more. We are a full-service process server agency providing services to federal, state & city agencies, law firms, attorneys, and the general public in New Jersey.

We employ process servers local to New Jersey, which allows us to provide all of our clients with professional process servers. New Jersey clients will see the process expedited if they choose such. To categorize the service, we provide routine service, wherein the process server will make its first attempt within three to five business days, or rush service, wherein our process server will make its first attempt on the next business day. If the service is especially urgent, we also offer service on the same day, wherein the process server makes its first attempt. We also offer service by mail, with documents mailed within twenty-four hours. 

We also offer another form of service referred to as Stake-Out service, wherein the process server will show up on the exact date and duration that our clients may opt for. This is a very specialized service, wherein our clients can effectively pinpoint the date and time for service, with just an hour’s notice required for service to be effective. 

Bear in mind that the only difference in our levels of service is our start times. Every form of service we offer will ensure due diligence is completed since our New Jersey process servers will inevitably make three attempts of service in the morning, afternoon, and evening. 

THE IMPORTANCE OF A Process SERVER IN NEW JERSEY

In the United States, all parties to a lawsuit must be given notice before any legal action is taken against them. The service of process is a crucial part of the judicial system. Documents such as summonses, complaints, subpoenas, orders, motions, writs, etc., are served on individuals to inform them of pending legal proceedings or actions taken against them.

Substituted service is one kind of service. If no adult member of the home but an adult member of the extended family lives at the same address, or if there is a manager at the company, service may be made to that person. In certain cases, service may be made by first posting the papers in a conspicuous location and then sending a copy through regular mail.

To go forward with legal action, it is necessary to hire a Process Server. Client legal papers are susceptible and should be served on time and in line with all applicable local and state rules, thanks to the expertise of professional process servers.

The regulations for serving legal documents include numerous essential provisions. It is illegal to serve on Sundays or holidays in several places. A person may not be served documents while in transit to court in several jurisdictions. It is also crucial to remember that anybody with a stake in the lawsuit or procedure cannot serve documents.

Failure to comply with these regulations regarding the service of process may delay or even result in the dismissal of the lawsuit. In addition to affecting court expenses and attorney’s fees, improper serving may entail unnecessary delays.

FEATURES OF Process SERVICE IN NEW JERSEY

Historically, sheriffs, deputies, and other judicial officers have been the ones to carry out service of process. Because of the strain this put on law enforcement; the statute was amended. These days, in many jurisdictions, the process may be served by any adult U.S. citizen who is not a party to the case and who resides in the state where the trial will take place.

The rules governing the service of process vary from state to state and are subject to revision.  The job of a process server is to hand over court papers to the named defendant, whether a person or an organization. After the papers have been served, a notarized Affidavit of Service (also known as a Proof of Service) is prepared and sent to the requesting party for use in legal proceedings.

Several states do not mandate process servers to have licenses. However, in certain jurisdictions, process servers are required to register with the county or state in which they want to serve or be nominated by the county to perform such duties.

After the papers have been served, the client will get a signed and, in many cases, a notarized document called an Affidavit of Service or Proof of Service. Documentation of when, where, and to whom documents were served. Several additional types of affidavits are also acceptable. If the party to be served cannot be found, for instance, an Affidavit of Due Diligence might be submitted as proof that reasonable efforts were made to do so. Process servers often file affidavits of service and other legal papers with the court for an extra charge.

The receiver doesn’t need to accept the service to be valid. The documents may be dropped at the defendant’s feet if they come to the door but are rejected. Because service of process rules might differ from one state to the next, it is necessary to research the specific regulations in the New Jersey area.

The court may permit service via publishing in a newspaper or by mail if the listed individual cannot be located. Before approving service by publication, the court may require that an effort be made to serve the defendant or designated person personally. 

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment 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 the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile |China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico | MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands | UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

for assistance serving legal papers in NEW JERSEY

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your New Jersey Process Service needs; no job is too small or too large!  For a complete list of our New Jersey Process Service Coverage Areas, Click Here!

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

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. It is legal to serve anybody at any time in most states. It is illegal to serve someone on Sunday in certain places, and in others, it is illegal to serve them while they are in transit to or from a courthouse. Service during holidays is prohibited in several states. 

2. Papers may be served through fax or electronic mail. Before deciding how to get your original paperwork to Undisputed Legal for service, you’ll need to find out whether service of process is required.

3. ‘Substitute Service’ on an adult member of the same home is legal in various jurisdictions, including New Jersey. When the law requires personal service, such as a divorce petition, substituted service is not an option. Due diligence requires that any use of Substituted Service be shown as the last option. If you want to be sure you’re following the law where you are, a good place to start is with your state’s civil process regulations.

WHAT DO PROCESS SERVERS IN NEW YORK DO

This article will provide guidance on What Do Process Servers in New York Do?  The NYC Department of Consumer Affairs issues licenses to all process servers operating in the five boroughs of New York City (Manhattan, Brooklyn, the Bronx, Staten Island, and Queens). A USD 10,000 surety bond is required for individuals, and a USD 100,000 bond is required for agencies, and both bonds must be paid at the time of licensing and remain in force for the duration of the license. A process server’s license and subsequent renewals require them to pass an exam covering the applicable regulations and statutes.

In line with the Commissioner’s regulations, process servers in New York City are required to use electronic records and GPS tracking devices to monitor where and when papers are served. Additionally, Sunday is not a good day for serving legal documents. Anyone who observes Saturday as a day of rest is immune from having legal documents served to them on that day.

BACKGROUND

Any evidence of service must include specific information about the documents served, the individual receiving them, and the date, time, address, or, in the absence of an address, place, and manner of service, as well as facts attesting to the fact that a duly authorized person did the service and in a duly authorized manner.

Proof of service must contain, in addition to any other requirement, a description of the person to whom the summons was served, including, but not limited to, sex, skin color, hair color, approximate age, approximate weight and height, and other distinguishing traits.

Proof of service should also identify the dates, locations, and times of the attempt. Proof of service shall be in the form of a certificate if made by a sheriff or other authorized public officer, an affidavit if made by any other person, or an acknowledgment of receipt of a summons and complaint, or summons and notice, or notice of petition. Acceptance of service in writing from the addressee is sufficient evidence of service.

Suppose a party other than the original or third-party plaintiff acquires the index number and pays the fee. In that case, the clerk must issue an order directing the original or third-party plaintiff to reimburse the party for the amount of the charge. The person who paid the charge may, in addition to any other remedies available at law, apply to the clerk for an order dismissing the action without prejudice if the fee is not paid within thirty days following delivery of the order with notice of entry.

We employ process servers local to specific countries in New York, which allows us to provide all of our clients with professional process servers, delivering three (3) levels of New York process service in New York. We provide [A.] Routine service, wherein the Process Server will make its first attempt within five to seven business days; [B.] Rush service so that the Process Server will make its first attempt within forty-eight hours and [C.] Service by Mail, where documents will be mailed within twenty-four. 

The only difference in the above levels of service (Routine & Rush) is the start times; they all include the New York process server making up to three (3) attempts during the morning, the afternoon, and the evening. Please visit our rules and laws page, New York Rules of Civil Procedure.  For instructions on How To Serve Legal Papers in New York State, Click Here!

REQUIREMENTS OF process SERVICE IN NEW YORK

In an action or proceeding where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. Service of the summons and complaint summons with notice or third-party summons and complaint shall be made within one hundred twenty days after their filing. Suppose service is not made within the time required in this section. In that case, the court will dismiss the action without prejudice as to that defendant or, for a good reason demonstrated or in the interest of justice, extend the period for service.

Service upon the state must be made personally to either an assistant attorney general at an attorney general’s office or the attorney general. To establish personal jurisdiction over a state official sued in their official capacity or a state agency, a summons and complaint must be personally delivered to the officer or the chief executive officer of the agency or to a person designated by the chief executive officer to receive service or sent by certified mail, return receipt requested, to the officer or the chief executive officer of the agency. 

A summons and complaint, summons and notice, or notice of petition and petition may be served by the plaintiff or any other person in lieu of personal service by mailing a copy of the summons and complaint, summons and notice, or notice of petition and petition to the person or entity to be served, first class mail, postage prepaid. The time of service completion and the time to respond.

Within thirty (30) days after the date of receipt, the defendant, an authorized employee of the defendant, the defendant’s attorney, or an employee of the attorney shall complete and send or deliver one copy of the acknowledgment of receipt. When the signed acknowledgment of receipt is sent or given to the sender, service is complete. The signed receipt acknowledgment letter will serve as evidence of service. Within twenty (20) days after the date, the defendant’s signed acknowledgment of receipt is mailed or delivered to the sender; the defendant must serve a response to the complaint or petition that was served with the summons or notice of petition. 

Our New York City process servers are highly trained and licensed in accordance with New York state laws and regulations. As a private process firm, we have a higher responsibility to our clients than the process a sheriff may be able to provide. At Undisputed Legal, we ensure that our clients are looped in every step of the way. We provide GPS affidavits of service as well as real-time updates to your email. Additionally, we will send a copy of the required documents prior to service so that you are updated about your status. We also provide a free basic skip trace to new customers.

SPECIFICS OF Process SERVICE in New York 

The individual (or the party on whose behalf they are being served) will be obligated to pay expenses incurred in serving the summons and complaint, or summons and notice, or notice of petition and petition in any other manner permitted by law, and the cost of such service as permitted by law will be entered as a judgment against them unless they complete and return the form to the sender within thirty (30) days.

If a complaint or petition was included with the statement, returning it with an acknowledgment will not absolve the party of the need to respond to the complaint or petition. Twenty (20) days from the date of mailing or hand delivery of this form is the deadline for responding.  An effort to achieve service should be indicated on the summons or notice of petition or document issued with the summons or notice of petition if a validly completed acknowledgment is not returned upon the subsequent serving of process in any other way authorized by law.

Our New York State process servers serve all legal documents, including summons and complaints, citations, small claims court cases, orders to show cause, petitions, discovery documents, eviction, landlord/tenant notices, motions, and more. In addition, our process service department has two (2) specialized departments, being [A.] Subpoena Service, which exclusively deals with the service of process of Subpoena Duces Tecum, Subpoena Ad Testificandum, and Information Subpoenas and; [B.]  Family Court Process Service which handles the service of process of all family court documents: Divorce, Custody, Visitation, Paternity, Child Support, Orders of Protection and more.  We are a full-service process service agency providing services to federal, state & city agencies, law firms, attorneys, and the general public in New York State.

 JURISDICTION OF process SERVICE in new york

Any person authorized to do service who is a resident of the state, or by any person authorized to do service by the laws of the state, territory, possession, or country in which service is made, may serve the summons on a person domiciled in the state or subject to the jurisdiction of the courts of the state, or on their executor or administrator, outside the state in the same manner as service is made within the state.

A party may be served outside of the state’s jurisdiction in accordance with Rule 314. Suppose the defendant did not receive personal notice of the summons in time to defend and has a meritorious defense. In that case, the court may allow them to do so within one year after they obtain knowledge of the entry of the judgment, but in no event more than five years after such entry if they were served with the summons outside of the state or if they did not receive personal delivery of the summons. If they prevail on the defense, the court has the same authority to order and enforce repayment terms as it does when a verdict is overturned or altered on appeal. 

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment 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 the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN NEW YORK

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large! For a complete list of our New York State Process Service Coverage Areas, Click Here!

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

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. Refer to sections 2.231 et seq. and 20-403 et seq. of New York City’s Rules, Chapter W.

2. Consent to service by electronic means, according to this subdivision, will be presumed when a telephone number or other station for service by electronic means is included in the address block subscribed on a document served or filed in the course of an action or process. 

Notice of a change in or revocation of an attorney’s designated number or address for service of documents must be served on all other parties and sent via overnight delivery service to the attorney at the address designated by the attorney for that purpose or, if none is designated, to the attorney at the address last known to the parties. Depositing the paper in an appropriately addressed envelope with the overnight delivery service for overnight delivery before the overnight delivery service’s cutoff time will constitute complete service by overnight delivery. Where the information is sent via a physical medium.

3. An index number and the fee specified in subsection (a) of section 818 of this chapter must be paid when an action is initiated in a supreme or county court. Payment of the fee required by subdivision (a) of section 800018 of this chapter shall be made upon the filing of a summons and complaint against a person who is not already a party, as authorized under section 10007 or rule 100011 of this chapter. Still, a separate index number must not be issued.

4. When used under this subsection, “the main office of the agency” refers to the usual work of the agency’s chief executive officer. In order for certified mail to be valid for purposes of service, the front of the envelope must read “URGENT LEGAL MAIL” in boldface type. 

5. Except as may be otherwise required by law or court order, service of the process onto a party in a pending action should be made upon the party’s attorney. If the same attorney is representing both or all of the parties, just one copy has to be served.

 Service on an attorney must be accomplished by: 

(1) physical delivery to the attorney; 

(2) sending the document to the attorney at the address indicated by that attorney for that purpose or, if none is designated, at the attorney’s last known address; or

 (3) electronic delivery. 

6. If the party being served does not return the signed acknowledgment of receipt within thirty (30) days of receiving the documents mailed pursuant to subdivision (a) of this section, the court will assess the reasonable cost of the serving process by an alternative method as a disbursement to the party serving process on notice pursuant to section 8402 of this chapter. It will direct immediate judgment in that amount.

7. Any person authorized by Section 313 may affect service outside of the state in the same way as inside the state in a matrimonial proceeding; where judgment is sought to exclude the party to be served from a vested or contingent interest in or lien upon specific real or personal property within the state; where judgment is sought to enforce, regulate, define, or limit such interest or lien in favor of either party; where judgment is sought to affect the title to such property otherwise; where a levy upon property of the party to be served is sought; or where judgment is sought in an action of interpleader or defensive interpleader.

8. A natural person, corporation, or partnership may appoint another individual as its agent for service by means of a paper completed and accepted as a deed, with the agent’s permission attested thereon. The document has to be filed with the county clerk in the county where the recipient lives or where the primary place of business is located. Unless withdrawn by filing a revocation or by the death, court declaration of incompetency, or legal termination of the agent or principal, the designation shall remain in force for three years after such filing.

ARMENIA PROCESS SERVICE RULES AND LAWS

This article will provide guidance on Armenia Process Service Rules And Laws. Armenia’s legal system originated in and continues to exhibit many of the features and characteristics of a civil law system. The Constitution of Armenia was modeled after the Constitution of France, and the Civil Code of the Republic of Armenia closely mirrors the model code of civil law developed for the Commonwealth of Independent States in a number of key respects. 

It is clear that German administrative law also has affected the evolution of Armenia’s relevant legal framework in recent years. 

BACKGROUND

The Constitutional Court of Armenia is responsible for administering constitutional justice. At the same time, the Cassation Court of Armenia is charged with creating a law that is both clear and consistent in accordance with Article 92 of the Constitution and Article 15 of the Judicial Code.

Since Armenia is a secular state, it is assumed that only laws passed by the government may regulate public interactions. However, the Armenian Apostolic Church has played. It continues to play a crucial role in protecting humanitarian ideals as an inseparable component of the moral and physiological underpinnings of Armenian law in the absence of Armenian sovereignty.

RECOGNITION OF FOREIGN JUDGEMENTS IN ARMENIA

The method for recognizing and enforcing foreign judgments is laid forth in the Code of Civil Procedure and the Law on Compulsory Enforcement of Judicial Acts. Judgments issued in other countries are recognized and enforceable in Armenia under the terms of several bilateral and international treaties. There are also a number of bilateral agreements governing various areas of the recognition and enforcement process that Armenia has signed with other governments. Judgments are recognized and enforced on the basis of the principle of reciprocity under the Code of Civil Procedure if no appropriate bilateral or multilateral agreement exists.

Cases involving the recognition of foreign judgments may be heard in the first instance by courts of universal jurisdiction. The Ministry of Justice’s Judicial Acts Compulsory Enforcement Agency is responsible for carrying out enforcement actions once a judgment has been issued. According to Article 349 of the Code of Civil Procedure, the foreign judgment recognition and execution application must be submitted to the court where the debtor resides. The application must be submitted to the court in the location of the debtor’s property if the debtor does not have a fixed address in Armenia or if the debtor’s address is unknown. 

Two court judgments are listed in Article 346 of the Code of Civil Procedure as being eligible for recognition and enforcement, being [A.] criminal judgments in situations involving compensation for harm done as a result of the crime; and [B.]  decisions on obtaining a claim. 

Armenian courts are required to recognize non-enforceable foreign decisions under Article 358(2) of their Code of Civil Procedure. 

When a foreign decision is enforced, its binding power is the most important factor. Decisions that may be appealed and have not yet become final are not recognized in Armenia. The judgment will be enforceable in Armenia, however, if it is judged to be in effect regardless of the possibility of appeal under the relevant foreign law of the country in which the decision was made. Within three years after the date on which the foreign judgment got into legal force according to the legislation of the foreign state in which it was issued, it may be presented to a competent Armenian court for recognition and execution.

The defendant does not have any independent grounds for contesting the recognition and execution of a foreign decision under the Code of Civil Procedure. The defendant, however, may file a motion to dismiss the application based on the grounds for dismissal of an application for recognition of a foreign decision as out in Article 354 of the Code of Civil Procedure.

The municipal court may deny the application for recognition and enforcement for any of the reasons listed in the Code of Civil Procedure.  The court has no authority to evaluate the foreign court’s national jurisdiction. However, suppose the matter in which the foreign judgment was issued is within the exclusive jurisdiction of the Armenian courts or does not fall within the international jurisdiction of the foreign court. In that case, the court must reject the application for recognition and enforcement of the foreign judgment.

Courts are required to deny requests for recognition and execution of foreign judgments under Article 354 of the Civil Code of Procedure if the judgment is not enforceable under the law of the state in which it was issued, or its acceptance and execution would be harmful to the public order in Armenia. Judgments are only enforceable in accordance with the laws of the state in which they were issued. Thus, the court must first determine whether or not they are valid under those laws.

EVIDENCE IN ARMENIA

The court may order an expert examination at the request of a party or on its initiative if it determines that the issues at trial need specialist expertise. Upon a party’s motion, the other side must pay for the expert’s examination. The expenses of any expert witness testimony or examination requested by the court at the request of the parties should be borne by the court.

A party to a lawsuit may submit questions for the court to consider during the expert testimony phase. The court decides whether or not to undertake an expert examination, and the questions and their substance are outlined. Participants in the case are allowed to question experts to determine whether or not they have sufficient expertise in the relevant area.

Suppose the court determines that the expert’s findings are ambiguous or inadequate. In that case, it may order a further investigation of the evidence in accordance with the method outlined in Article 60 of the Civil Procedure Code.

PROCEEDINGS AND COSTS IN COURT

Fees and expenses for legal proceedings are broken out in Article 68. Legal fees include not only the state-mandated amount but also the amounts owed for the expert witness, the witness summons, the on-site inspection of the evidence, and any other expenditures associated with the trial.

If the amount being sued goes up, the difference between the original amount and the amount that the state will impose will be paid at the time the judgment is finalized. In the event that the sum being sued goes down, the state levy will still be due even though it has already been paid.

 Statutes of limitations expressed in years will run out on the last day of the last month of the statute of limitations. Any legal action with a deadline specified in months will run out on the final day of that month. Time limits are shown in months that run until their final day unless the last day of the month falls on a weekend or holiday. If the last day of the deadline falls on a weekend or holiday, the preceding business day will be considered the deadline’s expiry day. The deadline for completing court-related tasks is midnight on the last day of the allotted period.

First, the parties to the case are advised of the date, time, and location of the court session or execution of court functions by a court summons. Court summonses are also issued to specialists, translators, and witnesses. The summons must be delivered in person or sent by registered mail with a return receipt requested. The summons needs to be delivered to the address provided by the party involved in the case.

SERVING A  DEFENDANT IN ARMENIA

 If the defendants are located in separate provinces, the plaintiff may choose to file the case in the court where one of the defendants resides. If the defendant cannot be traced, the case might be filed in the court with jurisdiction over their property or his last known place of abode (whereabouts). If the site of implementation is specified in the agreement, the court in that location has jurisdiction over any legal disputes.

The plaintiff need not physically live within the jurisdiction of the court in which the action to collect alimony or establish paternity is filed. A divorce action may be filed in the court where the plaintiff resides even if the defendant is absent or mentally incapacitated, has been condemned to prison, or if the plaintiff has custody of a minor child or children. The court of the plaintiff’s residence hears cases involving claims of wrongful conviction, criminal liability, use of arrest to secure presence, refusal to leave, or rehabilitation of labor and other rights due to damage caused by the appointment of an administrative fine, return of the property, or its value.

The complaint may include additional information, such as the plaintiff’s motions if they are relevant to the proper resolution of the decision. The plaintiff is allowed to combine many requests that are all closely connected into one complaint. If the same parties are involved in many cases, the court may consolidate them into a single hearing. The court may split up consolidated claims into individual lawsuits if it so chooses. The court next rules on whether the cases should be joined together or if the requests should be split apart.

The judge is the only one who may decide whether or not to accept the complaint. The judge is obligated to hear the case in which the complaint was filed in accordance with the requirements set out in this Code. The court then rules on whether or not to accept the complaint, at which point a trial date and location are set.

The court must rule whether or not to dismiss the complaint no later than three days after it is received. The complaint is accepted if a decision is not made within the allotted time frame. Finally, the plaintiff receives a copy of the ruling together with the complaint and any other relevant papers.

After receiving the ruling, the plaintiff has three days to appeal to the court’s chairman for a review if they are dissatisfied with the outcome. The chairman of the court reviews the application, and if the case is in the proceedings of the chairman of the court, by another judge, within three days. The outcome of the application review is used to make a decision.

Our Process

Documents can be faxed to (800)-296-0115, emailed ps@undisputedlegal.com, mailed to 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 the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.  Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota| Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras| British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic| Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea| Kuwait | Latvia | Lithuania | Luxembourg | Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia| Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

for assistance serving legal papers in Armenia

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Armenia 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 our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. Due to the aforementioned, Article 8.1 of the Armenian Constitution reads as follows: “…The Republic of Armenia recognizes the exclusive historical mission of the Armenian Apostolic Holy Church as a national church in the spiritual life, development of the national culture, and preservation of the national identity of the people of Armenia.”

2. Judgments made by the courts of member states of the Commonwealth of Independent States are governed by, for instance, the Chisinau Convention on Legal Aid and Legal Relations in Civil, Family, and Criminal Matters (7 October 2002); and the Minsk Convention on Legal Aid and Legal Relations in Civil, Family, and Criminal Matters (7 October 2002). (22 January 1993).

3. An application for recognition and execution must be submitted to the court where the person making the application resides, even if the foreign judgment does not presume enforcement activities against the debtor or necessitate enforcement. According to Article 25 of the Code of Civil Procedure, if an application for recognition and execution is filed with a court that does not have jurisdiction over the matter, that court shall forward the matter to the appropriate court for consideration.

4. Among them are foreign judgments on the divorce between foreign citizens or declaring a marriage invalid; foreign judgments on the divorce between citizens of Armenia and foreign citizens or persons with no citizenship, where one of the spouses at the time of the divorce has been permanently or mostly residing on the territory of the state whose court has issued the judgment; foreign judgments on the divorce between citizens of Armenia and foreign citizens or persons with no citizenship, where one of the spouses has been a resident of that state for at least one year prior to the issuance of the judgment;

5. There is no time restriction for bringing an appeal. However, in most cases, the defendant has two weeks from the time they get notice of the decision to begin proceedings based on the application to file an objection to the admissibility of the application.

Filing a motion to apply a counter-security is not limited by the general rules of procedure or the rules on recognition and execution of foreign judgments (injunctive relief on the legal grounds mentioned in the challenge itself).

If no appeal is lodged within seven days of publication, the recognition and enforcement decision will be final and binding. Since the judgment will not become effective if an appeal is filed in the time and manner required by law, the interested party will not be able to ask the court to have the Judicial Acts Compulsory Enforcement Agency implement it.

6. in accordance with Article 354, paragraph 1 of the Code of Civil Procedure.

7. In accordance with Article 354, paragraph 1.3 of the Code of Civil Procedure, a foreign judgment cannot be recognized and enforced in Armenia if a decision has already been made in a case involving the same parties, on the same subject matter and on the same legal grounds by an Armenian court or a foreign court that an Armenian court has recognized.

8. The Suit Amount Is Determined By:

1) by money confiscation lawsuits, using the sum of the stolen funds.

2) Legal action seeking possession of the property, deducted from the property’s current market value.

All penalties listed in the claim are included in the total amount being sued for.

2. The total sum of all claims makes up the amount being sued for when there are many claims involved.

9. The summons must include the following information: 1) the name and correct address of the court; 2) a notation on the time and place of appearance; 3) the case in which the person is being summoned; 4) information about the person being summoned to court; 5) the capacity in which the person is being summoned; 6) a notation on the consequences for failing to appear.

10. Attachments to the complaint (Article 88).

The following certification documents supplement the complaint:

1) evidence of having paid the state tax required by law

2) Specifics of the alleged wrongdoing that motivated the complaint.

Second, a certificate of the representative’s authorization to file action is added if a representative of the plaintiff signs the complaint.

Third, a proposed contract is linked to a formal complaint against coerced contract signing.

Joinder and misjoinder of several complaints are addressed in Article 89.

ARGENTINA PROCESS SERVICE RULES AND LAWS

This article will provide guidance on Argentina Process Service Rules And Laws.  When a party, a court, or an administrative body seeks to exercise jurisdiction over another party, process service is used to provide that party with notice of the pending legal action and an opportunity to react. Notice is given when a process server delivers a bundle of court papers (called ‘process’) to the party who is to be served.

BACKGROUND

The Hague Service Convention was approved by the member nations of the Hague Conference on Private International Law and is used by Argentine process servers to deliver legal documents in civil and commercial disputes. It was created so that lawyers could effectively and reliably serve papers on defendants and plaintiffs in another nation. Service of process in civil and commercial proceedings, but not criminal issues, is governed by the convention’s terms in Argentina. If the intended recipient’s address cannot be found, the Convention will not be of any use either.

Unless prohibited by local law, the Central Authority of the State addressed will either personally serve the document or arrange for it to be served by an appropriate agency in one of two ways: a) in the manner specified by that State’s internal law for the service of documents in domestic actions upon persons who are within its territory; or b) in the manner specified by the applicant.

The Central Authority has to serve the document in Argentina in accordance with Argentina Process Service. To be valid in Argentina, a document has to be written in, or translated into, the national language. The parties to a legal dispute now have a less complicated way to achieve service in other contracting nations thanks to the Hague Service Convention. An official designated by each contracting state to handle requests for assistance is mandated under the convention. It is permissible for a judicial officer authorized to serve process in the issuing state to submit a request for service directly to the competent authority in the receiving state. The recipient state’s centralized authority, usually a local court, will make arrangements for service after they have received the request. Once service has been accomplished, the requesting judicial officer will get a certificate of service from the central authority.

A translation must accompany papers into Spanish in order to be accepted for service or transmission in the Argentine Republic.

ARGENTINA’S LEGAL SYSTEM

Basic aspects of the Argentine civil process are easy to identify due in large part to its historical origins and progress and the fundamental ideological source of influence discussed above. The onus is on the parties to pique the Judiciary’s interest in the matter at hand by submitting an action plan that includes a clear statement of the facts and claims at issue, as well as an equally clear statement of the evidence supporting those claims.

However, the judge is responsible for overseeing the administration of the case. This involves the acknowledgment of powers of a specific scope to complete or integrate the evidence presented by the parties, as well as the need to push the process ex officio, notwithstanding the responsibility of the parties to do the same.

Generally speaking, the burden of evidence is with the party asserting the veracity of an event. Aside from that, the concept of cooperation and the dynamic burden of evidence are two relatively new ways of looking at the problem that is gaining traction.

In 1863, the ASCJ was established as the final court of appeal for extraordinary federal cases. It promptly adopted the ‘Marbury v. Madison‘ doctrine in an effort to become the Constitution’s guardian and to guarantee the supremacy of the document at the highest level of judicial review (without limiting the general power of judicial review vested in all judges).

REQUIREMENT THAT PARTIES FIRST ATTEMPT MEDIATION

When it comes to the issue of regulating and implementing a required pre-judicial mediation stage in Latin America, Argentina was an early pioneer and is currently a regional reference. To provide uniformity across all civil and commercial proceedings initiated in the national court system, Act N° 24.573 (the same reform that introduced the preliminary hearing in the NCCPC) established a regime applicable to such proceedings. Since a trial run had already been conducted as part of the 1991 National Mediation Plan, its implementation did not come as a surprise.

Act of Mediation and Conciliation No. 26.589 was enacted, marking the beginning of a reformation of the system fifteen years later. The rule codifies the mandatory nature of pre-court proceedings, makes clear that the judge has the authority to convene the parties in an effort to find a mutually agreeable resolution to the dispute (during the preliminary hearing outlined in article 360 of the NCCPC), and leaves open the possibility of referring the parties to mediation.

Argentina’s obligatory mediation regime was instituted, in part, to reduce the stress on the country’s judicial system. The legislative body instead aimed to construct palliatives to the systemic inefficiencies and lack of efficacy in our civil procedural system.

MAJOR FEATURES OF THE CIVIL PROCEDURE CODE

The Civil Code was written in accordance with prevailing beliefs at the time of its creation and was structured around a core set of concepts. As the exercise of a right does not constitute illegal conduct, the provisions stipulated in contracts should be recognized as if they were law. Nonetheless, limitations on this concept have been established by judicial precedent and are outlined in Article 953’s so-called ‘moral clause.’

The concept of fault was crucial to the development of civil liability. Without injury or external activity that may cause harm and the possibility to assign Mens rea, guilt, or carelessness to the perpetrator, there is no criminally actionable unlawful conduct. Owners of private property have the legal right to use, enjoy, and destroy their property without interference from anybody else, subject only to the constraints established by law and judicial precedent in accordance with Article 953 of the Constitution. 

In addition, the Civil Procedure in Argentina specifies that family law is based on the idea of the indissolubility of marriage. It distinguished between children born inside a marriage and those born outside it. 

The footnotes that accompany the articles of the Argentine Civil Code are a distinctive feature; in them. The Ministry of Justice requested that he annotate each item to indicate how closely it follows or departs from the rules of the nation and the main global powers now in effect.

FOREIGN SERVICE OF PROCESS IN ARGENTINA

Since July 1987, when Argentina joined the Hague Convention of 1970, international registration of Argentine trademarks has been mandatory. The execution of ‘letters of request’ in line with the method specified in the Hague Convention has proven to be an effective technique for gathering extraterritorial evidence.

In addition, Argentina officially said it would not respond to any letters of request seeking to implement the practice of pretrial discovery of documents, as it is called in common law nations.

Argentina also has a reservation about Article 4 of the Convention. Thus, any requests written in English or French will need to be translated into Spanish before they can be processed.

Despite these restrictions, Argentine law permits discovery in line with the Hague Convention’s Chapter 1 rules (i.e., the production of evidence in response to a written letter of request addressed from the competent asking authority to the Argentine authority). The articles of the Hague Convention are typically supplemented by the regulations of the NCCPC or other relevant legislation regarding the process to be followed. The Hague Convention allows ‘letters of request’ to obtain testimony and documentary evidence in Argentina for use in ongoing or future litigation in the United States. Requests for the production of evidence in U.S. litigation must be made to the appropriate court and sent to the Central Authority.

The letter of request for documentary evidence must include both the location of the requested papers and the name of the person in possession of those documents. Any request must be submitted in Spanish or supported by a verified translation into Spanish. The request letter does not need notarization. Argentina’s Central Authority for receiving and serving letters of request from other Contracting Parties to the Hague Convention is the Office of International Assistance under the Legal Affairs Department of the Ministry of Foreign Affairs. Therefore, after the U.S. Central Authority has sent a letter of request to this agency, it will forward the letter to the court’s competent authority to provide the evidence in question.

The request letter is enforced in accordance with the applicable provisions of the Argentine procedure (the NCCCP or other provincial legislation). If the person to whom the letter of request is directed claims a privilege or restriction to testify under local or U.S. law, the Argentine court may refuse to execute the letter of request.

In addition, if a letter of request is [A.] insufficient or [B.] not within the court’s authority to execute, or [C.]  is deemed to violate local security or sovereignty, an Argentine court may refuse it.

Argentine courts complying with such a request would not be committing themselves to recognize the legitimacy or execution of a foreign decision just because the foreign court made the request.

Unlike the United States, Argentina does not have a formal rule governing the use of written interrogatories in court (equivalent to Rule 33 of the United States Federal Rules of Civil Procedure). However, a party may submit written interrogatories to the court and ask for an examination of the opposing party.  In the event of current litigation, such evidence is permitted. 

If the person who was subpoenaed fails to appear at the hearing or refuses to answer any question during the examination, the facts asserted against them will be presumed to be true (ficta confession).

The court will conduct an examination of the witness under oath. If the questions and sequence are irrelevant, the court may change them or even throw them out altogether. The party making the request is entitled to be present during the examination by the court.

ALTERNATIVE WAYS OF PROVIDING EVIDENCE

To gather evidence in a foreign jurisdiction, the disputing parties may agree upon a different approach. Neither the NCCCP nor the Hague Convention restricts the parties’ use of private mechanisms (outside the reach of local courts) to generate evidence in this respect.

Suppose the parties have agreed to arbitrate the dispute. In that case, the rules of procedure for that arbitration (whether those of the institution chosen for the arbitration or the rules agreed upon by the parties) will apply. However, the arbitral tribunal may ask the local court for help enforcing any judgment based on evidence if it lacks the imperium to do so on its own.

U.S. litigants need to keep in mind the relevant procedural statutes, such as the NCCCP, when attempting to obtain discovery in Argentina, as these statutes govern the execution of letters of request and other details of the procedure to produce the requested evidence, in addition to the Hague Convention’s procedures.

OUR PROCESS

Documents can be faxed to (800)-296-0115, emailed ps@undisputedlegal.com, mailed to 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 the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands| New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20037

FOR ASSISTANCE SERVING LEGAL PAPERS IN ARGENTINA

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all 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 our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. The Ministry of Foreign Affairs, International Trade, and Worship has been designated the Central Authority by the Argentine Government according to Article 21, Paragraph 2.

2. Conventional and constitutional clauses that consecrate the inviolability of due process of law in Argentina (art. 18 CN, arts. 8 and 25 of the American Convention on Human Rights) guarantee the right to an adequate and reasonable opportunity to be heard and to refute the arguments and evidence of the opponent (as well as the evidence produced ex officio by the judge).

3. Act. 24.240, a consumer protection act, codifies this final principle legally. Additionally, the court is obligated (as of the reform in 2001) to order the submission of evidence if it is deemed essential to explain the veracity of the contested facts (principle of primacy of reality).

4. Supreme Court of Justice of the Argentine Nation (Spanish: Corte Suprema de Justicia de la Nación Argentina, CSJN)

5. Marbury v. Madison, 5 U.S. 137, was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States.

6. Act N° 17.454 approved the first ‘National Civil and Commercial Procedural Code’ (NCCPC)

7. ‘Legal compacts should aim for behavior that is not at odds with accepted norms.’

8. As established by Article 1067.

9. Vélez Sársfield provides background on the positions chosen and the reasoning behind them, sometimes by quoting or substituting relevant passages from the underlying treaty

10. v

11. The following information must be included in a letter of request: I the name and address of the U.S. requesting authority and the Argentine requested authority (if applicable); (ii) the names and addresses of the parties to the proceedings and their representatives; (iii) a brief description of the subject matter and nature of the pending or future proceedings, including a summary of the facts and all relevant information; and (iv) the evidence to be produced (or other judicial act to be performed).

A letter of request for a witness examination must also include I the names and addresses of the individuals to be questioned, (ii) the questions to be addressed to them, or a synopsis of the subject matter on which they are to be examined.

12. Section 132 of the NCCCP states that Argentine courts must execute a letter of request if the following conditions are met:

  1. a foreign competent authority has ordered the letter of request under Argentine rules of international jurisdiction; 
  2. the letter of request complies with the requirements established by the Hague Convention; and
  3. the letter of request does not affect Argentine public order.

13. The interrogatory must be worded affirmatively and plainly, referencing the contentious facts of the case, as required by Section 410 of the NCCCP.

WHAT DO PROCESS SERVERS IN COLORADO DO

This article will provide guidance on What Do Process Servers in Colorado Do?  A court needs both personal and subject matter jurisdiction over a person or entity before it may make legal decisions or issue a judgment. The competence or power of a court to hear certain sorts of cases is known as its ‘subject matter jurisdiction.’ In contrast, its ‘personal jurisdiction’ is its authority over a specific party. When a defendant is properly served with a summons and other associated papers, including the complaint, the court acquires personal jurisdiction over that defendant. The procedure by which a party is made aware of the filing of a lawsuit and given a chance to react is called ‘service of process.’

In Colorado, a lawsuit may be filed and served in person, by substituted service, by mail, or through newspaper publication under certain conditions. To be valid, service by mail or publishing requires the approval of the court and is not always an option. A process server in Colorado must be an adult who is neither a defendant nor a plaintiff in the case.

BACKGROUND

Obtaining personal service on a natural person can be done in a few different ways, including serving the defendant in question personally, leaving a copy of the lawsuit at the defendant’s usual place of abode with an adult family member, or leaving a copy of the lawsuit at the defendant’s usual place of employment with a person authorized by law to accept service. Service on a company or trust must be made to the registered agent or other person or agency authorized by law to receive service on its behalf.

Even if the defendant refuses service, a lawsuit may still be served if the process server can prove who they are and where the papers were left. Even though the process server knows where the defendant is, they may still be unable to serve him if the defendant is evading service. This is where a private process server like those employed at Undisputed legal comes in handy. With higher accountability at a private firm, our process servers track down evasive defendants and attempt to complete service to the best of our ability. A process server may also stake out the defendant’s location, waiting for an appropriate moment to serve the defendant the summons and complaint. 

At Undisputed Legal, our Colorado process servers serve all legal documents, including summons and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more. We are a full-service process server agency providing services to federal, state & city agencies, law firms, attorneys, and the general public in Colorado.

An Affidavit or Return of Serving, a declaration prepared under oath by the process server pertaining to the date, location, and mode of service, must be filed with the court as evidence that the defendant was served with the complaint. A comparable Affidavit must be submitted to the court if the lawsuit was served by the mail or the media.

To establish personal jurisdiction over a defendant, the court must first establish that the service was lawful and made in a timely manner under the applicable rules of the court. Service must be valid in order to safeguard the rights of the defendant and for the judgment to be enforced.  Please visit our rules and laws page, Colorado Rules of Civil Procedure.  For instructions on How To Serve Legal Papers in Colorado, Click Here!

 PROCESS SERVERS IN COLORADO

Interestingly, Colorado is the only state in the United States that does not license or otherwise control funeral directors and has no licensing requirements for process servers. A copy or copies of the document may be served upon any natural person over the age of eighteen by delivering said copies to such person or by leaving the documents at such person’s usual place of abode, with any person over the age of eighteen who is a member of such person’s family, or at such natural person’s usual place of business, with such natural person’s secretary, bookkeeper, manager, or chief clerk. 

To serve a private corporation, the individual may send a copy to the company’s registered agent, officers, managers, or general agents. Any shareholder, agent, member, or major employee located in the county where the action is instituted may be served with a copy if no such officer or agent is located there. Suppose the clerk serves a document on a party other than an executive officer, the secretary, the general agent, or the registered agent. In that case, the company will get a copy at its last known address at least twenty days before the default is filed.

A county may have service of process made upon it by submitting a copy of the document to the county clerk, chief deputy, county commissioner, or other designated official for that county;

Suppose you need to serve legal papers to a school district. In that case, you may do so by handing a copy to the superintendent or another employee with the proper authority to accept the service of process.

A copy of the document may be served to the state by giving it to the Attorney General or to an individual authorized by him to receive service of process. 

Service of process may be made on any officer, agent, or employee of the state acting in his official capacity by delivering a copy thereof to such officer, agent, or employee and also by delivering a copy thereof to the attorney general or to any employee in his office designated by the attorney general to accept service of process.

Service of process may be made upon a state department or agency that is a party to a lawsuit by delivering a copy of the papers to the department’s chief executive officer or chief clerk, as well as a copy to the attorney general or an employee of the attorney general’s office authorized to accept service of process.

A failure to serve copies upon the attorney general within three days of service upon the officer, agent, employee, department, or agency shall extend the time within which the officer, agent, employee, department, or agency must file a responsive pleading by sixty days beyond the time otherwise provided for.

It is a legal requirement that everyone being sued in court get notice of the suit. The case may be dismissed if the serving of process cannot be shown. The service of process is regulated by Colorado law, similar to that of other states.

WHEN DOES A PROCESS SERVER COME INTO PLAY

The law of Colorado permits the service of process to be made in person, meaning that the summons and lawsuit may be handed to the defendant directly. Suppose the individual to be served is over 18. In that case, the process may be served in person, sent to his designated agent, left with a family member or friend, or copied and left with a secretary, bookkeeper, manager, or chief clerk at his place of business. 

Alternative methods of service of process are also permitted in Colorado. The party seeking service must file a motion with the court if they intend to serve via mail or publishing. They have to explain what happened, prove that they tried to hand deliver the papers, and list all of the addresses she has for the people they are serving. The court may direct the process to be served by certified mail delivered by the clerk of the court or by publishing in a newspaper in the county where the case is ongoing if it finds sufficient evidence to do so. This may be done ex parte (without the opposing party’s counsel being present).

Service of process inside or beyond the state may be made by the sheriff or a deputy of the county where the service is made or by any other adult who is not a party to the case and is at least eighteen years old. It is important to specify herein that at Undisputed Legal, service is done in accordance with Colorado process service laws. Additionally, we offer three different forms of service: routine service, wherein the process server will make their first attempt within five to seven business days; rush process service, wherein the process server will make their first attempt of service within forty-eight hours of receiving the documents and finally, service by mail. In service by mail, documents are sent out as early as twenty-four hours from receipt.

 It should be recognized that the only difference in the levels of service is the start times. In every form of service, we ensure that the process server makes up to three (3) attempts; one in the morning, one in the afternoon, and the final attempt in the evening. 

WHAT HAPPENS IF A DEFENDANT WAIVES SERVICE

The defendant’s objection to the venue or the court’s jurisdiction over the defendant’s person is not waived by the defendant’s refusal to accept the service of the summons. Unless it seems that considerable injury would arise to the substantial rights of the person against whom the process is issued, the court may at any time in its discretion and under such conditions as it considers reasonable allow any process or evidence of service thereof to be changed.

The service of process is deemed complete if the person serving the process knows or has reason to know the identity of the person to be served, identifies the documents being served, offers to deliver a copy of the documents to the person who refuses to be served, and then leaves the copy of the documents in a conspicuous place.

At Undisputed Legal, we make sure that our clients are looped into the entire process service procedure. We ensure that our clients have access to GPS Affidavits of Service and personalized ‘real-time’ email status updates, and we email copies of affidavits prior to mailing. Additionally, we offer a free basic skip trace for new clients.

OTHER REQUIREMENTS OF SERVICE IN COLORADO

Service of the pleadings of the defendants and replies thereto need not be made as between the defendants in any action where there are an unusually large number of defendants. The court may order that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof shall be deemed to be a denial or avoidance of the claim or counterclaim All parties must be given a copy of the order in the form and manner specified by the court.

Documents such as interrogatories, reply to it, requests for admission, responses to that, requests for production, and depositions should not be submitted unless and until they are relied upon in a court of law. Where Colorado rules do not specifically require the filing and service of a paper following the initial complaint and where the filing of a paper alone is provided for, a copy of the such paper so filed shall be served upon the adverse party contemporaneously with the filing of such paper. Where the service alone of any paper is required, it shall be filed either before service or within a reasonable time after that. A certificate of service should be attached to any subsequent documents needed to be served upon a party.

Pleadings and other papers submitted with the court according to these rules must be filed with the clerk of the court unless the judge allows them to be filed with the judge; in that case, the judge should write the filing date on the documents and promptly forward them to the clerk’s office. No document submitted for filing will be rejected only because it is not in the correct form in accordance with these rules or any local rules and customs.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed ps@undisputedlegal.com or uploaded to our website. 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 the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg | Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand|Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

for assistance serving legal papers in COLORADO

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For a complete list of our Colorado Process Service Coverage Areas, Click Here!

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

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. The sheriff or a deputy of the county where service is made, or any other person over the age of eighteen who is not a party to the case, may serve the process inside or beyond the state;

2. Upon a natural person between the ages of thirteen and eighteen, by delivering a copy thereof to the person and another copy thereof to the person’s father, mother, or guardian, or if there be none in the state, then by delivering a copy thereof to any person in whose care or control the person may be; or with whom the person resides, or in whose service the person is employed; and upon a natural person under the age of thirteen, by delivering a copy

3. A municipal corporation by serving a copy thereof to the mayor, city manager, clerk, or deputy clerk of such corporation;

4. In cases involving particular property or status or other processes, service by mail or publishing must be permitted. A party who wants to be served by mail or publication must submit a motion for an order of service by mail or publication, confirmed under oath by the party or someone acting on the party’s behalf. The document must specify the basis for service by publication, detail any attempts taken to effect personal service and list the current and/or last known addresses of all parties to be served, or say if neither is known. The motion shall be heard ex parte, and if the court finds that reasonable attempts have been made to effect personal service or that such efforts would have been futile, the court will:

5. A copy of the procedure should be sent by registered or certified mail to the addressee alone, and a return receipt signed by the recipient should be requested. When the clerk’s evidence of service is filed, together with the addressee’s signed return receipt, the service is considered complete.

Issue an order directing service to be served in a newspaper of general circulation in the county where the action is pending. Any such announcement must be made for four weeks. A copy of the process must be sent to all parties named in the motion no later than fifteen days after the order is issued. The date of the last publication will mark the end of the service period. If there isn’t a paper in the county, the judge will choose one from a neighboring county.

6. Every written motion other than one that may be heard ex parte, every written notice, appearance, demand, the offer of judgment, designation of record on appeal, and every written notice, appearance, demand, the offer of judgment, designation of record on appeal shall be served upon a party as provided in the order or as otherwise ordered by the court because of the number of defendants. Unless fresh or additional claims for relief are asserted, no service need be made on parties in default for failing to attend, but such pleadings shall be served upon them in the manner provided for service of summons in Rule 4.

WHAT DO PROCESS SERVERS IN CALIFORNIA DO

This article will provide guidance on What Do Process Servers in California Do?  When filing a lawsuit against an individual, business, or governmental entity, an individual is required by law to formally notify the opposing party that they have initiated legal proceedings. When the person is already a party to a lawsuit, and they submit documents to the court, they must also notify the opposing party. Serving the opposing party with a copy of the documents filed with the court is the proper legal procedure for providing formal notice.

Any document you submit to the court must be ‘served’ to the opposing party. In ‘service,’ it is the responsibility of a third party (and not yourself) to hand over the documents to the receiving party physically. The individual performing this function is known as the ‘server’ or the ‘process server.’ Judges cannot issue final rulings or orders before they have ‘served’ the opposing party.

WHO CAN SERVE IN CALIFORNIA

It is not necessary to get a license to serve legal documents in California; instead, process servers must register and obtain a bond.  A person must register with the county in which they live or have their major place of business if they intend to serve more than ten papers in a calendar year. Applicants must have lived in California continuously for the twelve months prior to the filing date of their application since registration is state-wide. It is not necessary to take any exams or get any kind of training. A USD2,000 bond or cash deposit is needed from all applicants. A licensed private investigator does not need to be registered, but only a registered process server may legally serve bank levies and other comparable paperwork. 

In California, only bonded and licensed process servers who have completed the necessary training and education requirements are allowed to serve court papers. We at Undisputed Legal, Inc. make it our business to track down and serve court documents on elusive defendants and witnesses. Please visit our rules and laws page, California Rules of Civil Procedure.  For instructions on How To Serve Legal Papers in California, Click Here!

OUT-OF-STATE SERVICE IN CALIFORNIA

Service outside the United States should be made in accordance with the law of the place where the person is located or as directed by the foreign authority in response to a letter rogatory, as directed by the court in which the action is pending, if the court determines either before or after service that such service is reasonably calculated to give actual notice. 

The court in which the action is pending may order that the summons be served in a manner reasonably calculated to give actual notice to the party to be served and that proof of such service be made as prescribed by the court. 

All process servers who serve process for compensation, as well as any corporation or partnership that derives compensation for service of process within California, are required to be registered with the county clerk in the county where they reside or have their principal place of business. Private investigators that have valid licenses and their staff are free from this requirement.

 At Undisputed Legal, we require all our process servers to be up to date on their licensing and registration requirements. We are also accountable to our clients every step of the way, providing emailed ‘real-time’ affidavits of service as well as GPS positioning of the servers provided to our clients with your updates. If you are a new client, you may get a free basic skip trace by sending an affidavit by email before mailing it.

WHAT DOES A PROCESS SERVER HAVE TO DO IN CALIFORNIA

A copy of the summons and the complaint may be delivered to the defendant in person. If a summons is served in this way, it is considered served at the moment it is delivered. The copy of the summons must have the date of personal delivery written on or fastened to the front. A summons need not specify a date of service in order to be legitimate. A copy of the summons and complaint must be left at the defendant’s place of business, residence, or regular mailing address. 

A summons may be served by leaving a copy of the summons and the complaint during usual office hours with the person who is apparently in charge thereof and then mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served. A summons served this way is considered served on the tenth day after mailing.

A summons may be served by leaving a copy of the summons and the complaint at such person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household if personal delivery cannot be made with reasonable diligence. 

At Undisputed Legal, we ensure process is served quickly and with little hassle to the client.  All types of legal papers (summonses, complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notifications, motions, and so on) are served by our California process servers. 

To ensure that all of our customers get the highest quality California process service possible, we work only with experienced process servers based in California. We perform service based on individual needs and offer three different forms of service: routine process service, wherein the first attempt will be made by the Process Server within five to seven business days;  rush process service, wherein the Process Server will attempt to service the first time within forty-eight hours and service via mail, wherein documents will be sent within twenty-four hours.

Both the Routine and Rush options provide up to three (3) efforts to deliver legal documents to the intended recipient, with the only variation being the time frame they provide.  

SPECIFIC PROCESS SERVICE IN CALIFORNIA

The documents are handed over to the party by the server completing the process service. The server must determine the correct recipient’s identity, then provide the legal documents to that person while explaining that they are court documents.

The papers might be dropped on the floor in front of the person being served if they refuse to accept them. No matter what the recipient does to the documents after receiving them, the service will be deemed complete. There is no need for the individual being served to sign anything. The server then records the time, location, and method of service (in person) on a proof of service form. The evidence of service is signed by the server and given back to the plaintiff to submit to the court.

When documents are served in person, service is complete on the day they are served. In the case of ‘personal service,’ the court knows that the person being served received the documents and, if required, may examine the process server about the ‘service.’

Since ‘personal service’ is the most trustworthy, it may be used in every scenario. Because of its reliability, it is often required for the first documents (petition or complaint) in a lawsuit to be served. Upon presentation of a valid driver’s license or other identification and one of the following, any server is permitted entry into a gated community for a reasonable period solely for the purpose of performing lawful service of process or service of a subpoena.

For notice sent by mail, it often requires a description by mailing a copy of the summons and complaint to the defendant via first-class mail or airmail, along with two copies of the notice and acknowledgment form. Service is complete on the date defendant executes a written acknowledgment; if the form is not returned within twenty days of mailing, the defendant will be liable for reasonable costs in being served by another permitted method.

A copy of the summons and complaint, along with the appropriate fee, may be sent to a non-resident to be served at their last known address, with postage prepaid and a request for a return receipt requested if the person being served resides outside of this state. When a summons is served this way, it is considered served on the tenth day after mailing.

A summons may be served on an unidentified business entity by leaving a copy of the summons and complaint at the office of the entity during normal business hours with the person in apparent charge of the office of the entity or by mailing a copy of the summons and complaint to the individual being served by first-class mail, postage prepaid, at the address at which the original copy of the summons was left. On the tenth day following mailing, service is considered complete.

The process server needs to complete a proof of service form specifying who was served, when, where, and how, and return it to the client, so they may submit it to the court. Multiple methods exist for delivering legal notices. The descriptions of the services provided here are broad in scope. In certain situations or at certain points in the process, some of them may be forbidden. As a result, only certain of these methods of assistance may be appropriate depending on circumstances. 

Service is crucial but may be difficult. If it is not done properly, your case will be dismissed. At Undisputed Legal, we attempt to take away some of the hassles of serving documents with our highly trained process servers and our prompt service.

When papers are ‘served by mail,’ they are sent to the opposite side of the case by a third party not involved in the dispute. At Undisputed Legal, we provide document service by mail within twenty-four hours of receiving the documents. The individual must verify the service via mail is permitted before proceeding.

The documents are sent to the addressee through postal mail by the server. If the party served is an individual, the documents might be sent to that person’s residence or postal address. In the case of a company, the documents should be sent to the company’s principal place of business or the company’s agent for service if it has one.  Once the documents have been sent, the five-day waiting period for service by mail to be complete begins.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed ps@undisputedlegal.com, or uploaded to our website. 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 the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine| Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island| South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

for assistance serving legal papers in CALIFORNIA

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For a complete list of our California Process Service Coverage Areas, Click Here!

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

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. Per [Sections 22350 and 22353 of the California Business and Professions Code]

2. The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters shall apply to and govern these guidelines (Hague Service Convention). (Revised under 1984 Stat. ch. 191, sec. 1)

3. § 413.20 There shall be no extension of any period provided in this title if a summons is served by mail according to this chapter, as the provisions of Section 1013 that prolong the time for exercising a right or executing an act shall not apply

4. A person’s unsworn statement, declaration, verification, certificate, oath, or affidavit (other than a deposition or an oath of office required to be taken before a specified official other than a notary public) may have the same force and effect as a sworn statement, declaration, verification, certificate, oath, or affidavit under any law of this state. This is an example of a form that may be used for the certificate or declaration:

I certify (or declare) under penalty of perjury that the above is true and correct: (Date and Place) (Signature)’ (a) If signed inside this state.

I certify (or declare) under penalty of perjury under the laws of the State of California that the above is true and correct: (Date and location) (Signature)’ (b) If completed… inside or outside this state:

5. Documentation proving current registration as a process server under Division 8, Chapter 16 (beginning with Section 22350), or private investigator under Division 3, Chapter 11.3 (beginning with Section 7512) of the Business and Professions Code.

6. Identification showing that the bearer is authorized to represent a law enforcement agency, such as a county sheriff’s office or marshal’s department, or a prosecutor’s or defense attorney’s office, such as the Attorney General’s Office, county counsel, city attorney, district attorney, or public defender’s office.

7. When serving a corporation with a summons, it is customary to send a copy of the summons and complaint to the following addresses:

a) To the agent for service of process appointed under any provision in…

(b) to the president, other chief executive officers, vice president, secretary, assistant treasurer, general manager, or other person authorized by the company to receive…

8. A company that has a registered agent for the service of process on file with the Secretary of State is immune from the service of process as described.

9. Next, the process server completes a Proof of Service, which includes information such as the name and address of the recipient, the date and time of mailing, the method of mailing (first-class mail), and the sending location. The Proof of Service will be signed by the server and returned to you for court filing.