This article will provide guidance on How To Serve legal papers in Sweden. The 349-member unicameral Riksdag exercises legislative authority under Sweden’s constitutional monarchy and parliamentary democracy. As a unitary state, it is now split into twenty-one counties and two hundred and ninety cities and towns for local government administration. In Sweden, residents have access to universal health care and higher education under a Nordic social welfare system. Sweden became a member of the European Union on January 1st, 1995, but in a vote, the country decided against joining NATO or the Eurozone. Additionally, Sweden is a part of the United Nations, the Nordic Council, the Council of Europe, the World Trade Organization, and the Organization for Economic Co-operation and Development (OECD).
As the king of a constitutional monarchy, King Carl XVI Gustaf serves only ceremonial and symbolic purposes as head of state of Sweden. Indeed, the King here has no actual legal or political authority because of the rules of the 1974 Instrument of Government. While the King and the Royal Family have formal obligations, they also serve in a range of unofficial and other representational capacities both inside Sweden and across the world.
It is up to the three hundred and forty-nine members of the unicameral Riksdag to carry out legislative duties in Sweden. On the second Sunday of September every four years, the country holds general elections. Members of the Riksdag or the Government may start legislation. Members are chosen for four-year terms based on proportional representation. The Riksdag alone can make changes to the basic laws; only an absolute majority with two distinct votes, separated by a general election, is necessary.
JUDICIAL STRUCTURE OF SWEDEN
Courts in Sweden might be classified as ‘general,’ ‘special,’ or ‘administrative.’ Criminal, civil, and family law disputes are all handled by general courts. District courts, appellate courts, and the Supreme Court make up the general court structure.
The general courts have jurisdiction over commercial issues, whereas the special courts only have jurisdiction over disputes involving specific areas of substantive law, such as labor, patent, trademark, and market competition law. Disputes between a governmental authority and a private party are the primary focus of administrative courts. Administrative district courts, administrative courts of appeal, and the Supreme Administrative Legal are all part of a three-tiered court system.
In contrast to criminal cases, where judges play a more active role, civil cases are adversarial. Therefore, the parties are responsible for submitting the evidence they desire to have considered by the court in its decision, and the judge cannot rule on anything the parties haven’t mentioned.
Prior to the initiation of official proceedings, the Swedish Code of Judicial Procedure does not provide any Sweden Process Service preconditions. Unless there is a specific exemption set down in law, procedural agreements normally do not prevent the parties from launching a lawsuit. There is a legal exemption to court proceedings if the parties agree to settle their disagreement via arbitration.
Swedish courts have the power to examine any evidence that is submitted to them. It does not matter whether or not a Sweden Process Service document was served as prescribed if it can be demonstrated that a person has seen the paper. As a result, even if a document includes a formal mistake, it is not necessary to serve it again; rather, the most important consideration is whether the document has reached the intended recipient.
It is possible to overturn a judgment if it can be demonstrated that a person on whom a document is served has not received it or that r Sweden’s Process Service regulations regulating the delivery of papers have not been observed. It is the State’s responsibility to pay for the delivery of papers if they are being served by an official body. The individual does not have to pay back the court’s summons service charges if they are a plaintiff in civil court.
To serve a document on someone, an individual or entity must incur the expenses of such Sweden Process Service. It costs SEK 1000 to hire a bailiff from the Swedish Police Authority, as an example.
DOMESTIC SERVICE OF LEGAL PAPERS IN SWEDEN
As a general rule, legal action against an opposing party must not be launched unless the opposing party has been given a fair time to settle the claim or explain its stance. An important exception to this general norm is when a Sweden Process Service letter is sent informing the other party that legal action may be taken if they fail to perform their responsibilities under a contract, make a payment when it is due, or make a claim for damages as described above.
Taking legal action without the other party’s adequate Sweden Process Service may have repercussions on who is responsible for legal fees. When a document is mailed or handed over to the person sought, the term ‘service’ refers to the fact that the person has received the document or proof that the provisions of delgivningslagen (the Service of Process Act) have been observed. Courts should be able to depend on the fact that a Sweden Process Service document has been delivered to the person to whom it is directed. Sweden Process Service must be utilized if they are explicitly mandated or if an information-related law says that they should take place given their intended purposes; if not, Sweden Process Service must only be used when required and given the circumstances. For example, in civil cases, the defendant must receive a writ of summons, an example of a particular prescription in the law requiring Sweden Process Service of papers.
The authority or court is usually the one to see to it that Sweden Process Service is properly served. In certain cases, the authority or court will authorize a party that seeks Sweden Process Service to guarantee that service is performed (service by a party). In order for a party to properly serve Sweden Process Service, they first ensure that serving the individual is suitable.
If the summons recipient has relocated, the summoning authority does its search for the receiver’s new address information. Anybody may get in touch with the Swedish Tax Agency (Skatteverket), which maintains a database of Sweden’s citizens and their whereabouts.
Sending a Sweden Process Service document to the person that an individual is looking for by regular mail is the most typical method of providing it (standard service). The individual being sought is required to sign and submit a Sweden Process Service receipt that is included with the letter of notification.
Sweden Process Service by telephone, streamlined service, and service by a bailiff are all other options in addition to substituted service. When a document is served by telephone, the person on whose behalf it is being served hears the substance of the document read out over the phone, and the document is then sent to them. Service provided over the phone does not need a receipt. Once the document’s content has been read aloud, it is considered to have been served.
If the form of Sweden Process Service is required to be easier, an option provided is to just mail the document to the individual being sought via their last known address and to send an advising note the next business day informing them that the document has been delivered. Simplified Sweden Process Service does not need a receipt of payment. If the advisory notice was issued in accordance with the rules, the Sweden Process Service document is deemed served two weeks after it was sent. In order to make use of a simplified Sweden Process Service, the individual being served must be made aware that such a service is available. Once the Sweden Process Service document has been served, and confirmation of receipt has been provided, it is no longer necessary for the parties to a case to be served again.
If a Sweden Process Service document is sent to the company’s registered address and an advisory notice is sent to the same location on the following working day, legal persons may be served under specific circumstances. If the advisory notice was issued as specified, the Sweden Process Service document is deemed as having been served two weeks after it was delivered.
An employee of the Swedish Enforcement Authority (Kronofogdemyndigheten), the Swedish Prosecution Authority (klagarmyndigheten), the court, or a licensed Sweden Process Service company can serve a document in person via a bailiff, a police officer, an employee of the Swedish Prosecution Authority (klagarmagneten), or a bailiff.
Only in cases when the authorities or courts need to serve a Sweden Process Service document on someone by traditional service may electronic service be used. The document is delivered to someone other than the person sought for Sweden Process Service by a bailiff using a technique known as ‘surrogate service.’ These people might be members of the recipient’s family or a coworker of the recipient. There must be a written agreement from the surrogate receiver to receive the Sweden Process Service document.
The Sweden Process Service document is served through publication in the Official Swedish Gazette (Post- och Inrikes Tidningar) and, if there are good grounds, in the local newspaper, as well as by keeping it on hand at the authority or court that ruled for service. The document is sent to the person’s last known location at the same time.
It Is unclear when the papers will be considered served if alternative Sweden Process Service techniques are used. As soon as the document is turned over and notification is issued to the receiver, it has been served by a bailiff using a surrogate’ service.
As an alternative to delivering or leaving a d Sweden Process Service document that is too large, the authority may choose to keep it on hand for a certain amount of time at the authority in issue or another location of its choice. Such a choice must be communicated to the receiver in writing. Despite the fact that the receiver rejects a document served by a bailiff, if the document is left at the scene, it will still be considered served.
It is, under national postal delivery regulations, possible for the postal service to deliver a document sent from outside the EU to an addressee in Sweden, and this might require receipt acknowledgment (Article 14 of the Service Regulation) to do so not only to that addressee but to another person at the same address as well. To serve a Sweden Process Service document by mail, it must be transmitted through registered mail. Suppose an individual wants to receive a Sweden Process Service document. In that case, they or a representative must sign for it at the post office, a postal business center, or a postal delivery worker, and identification must be displayed. Additionally, the party purchasing postal service might stipulate that only reception in person would be accepted by the postal service company.
It is not possible to serve papers by post if Sweden Process Service by registered mail has failed since there are no alternative options. Other methods of service, such as service by a bailiff, might be explored instead. The post office allows a certain amount of time to gather papers prior to deeming them undeliverable. When a document is delivered through registered mail, the receiver receives a notification at their home address via SMS or email. Typically, the item is kept in the same place for fourteen days after its delivery.
HOW DOES THE HAGUE CONVENTION WORK IN SWEDEN
The Kingdom of Sweden ratified the Convention of 15 November 1965 on the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, also called the Hague Service Convention, on August 2, 1969. The Convention’s provisions entered into force in Sweden the following October 1st. Requests should be completed in duplicate and submitted with two sets of the documents to be served and translations directly to Sweden’s Central Authority for the Hague Service Convention. The County Administrative Board of Stockholm is the central authority for the international service of documents. The person in the United States executing the request form should be either an attorney or clerk of court. The applicant should include the titles of attorney at law or clerk of court on the identity and address of the applicant and signature/stamp fields. Sweden permits service via postal channels in accordance with Article 10(a) of the Hague Service Convention. Courts, enforcement agencies, and other authorities that serve documents in civil and commercial matters are the forwarding authorities for Sweden Process Service.
Sweden Process Service is effected by sending the document by registered mail to the addressee. The letter is accompanied by an acknowledgment of receipt, which the addressee is required to sign upon receiving the letter from the postal office. Service by electronic means may be used by authorities only, should this way of Sweden Process Service not be deemed inappropriate with respect to the content of the document to be served or other circumstances.
Personal service is affected by a process server or other appointed officials e.g., a police officer or bailiff. Substituted service may be carried out in certain circumstances. The document is then handed to someone other than the addressee. Suppose there is reason to believe that a person is acting to avoid being served and no other person can be served (substituted service). In that case, the document may, under certain circumstances, be left at the addressee’s home.
Voluntary depositions of willing witnesses in civil and commercial matters are permitted regardless of the nationality of the witness. However, prior permission from the Swedish Foreign Ministry is required. In order to obtain this permission, contact the U.S. Embassy in Stockholm. Oral depositions or depositions on written questions may be taken by U.S. consular officers or by private attorneys at the U.S. Embassy or another location such as a hotel or office, either on notice or pursuant to a commission. If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter, and stenographer, such arrangements must be made in advance with the U.S.
Any document to be served under Article 5(1) must be written in or translated into Swedish. There are no costs for the service of documents in Sweden. But if a particular method requested by the applicant creates costs for the Swedish Central Authority, Article 12(2)(b) gives the legal basis to require the applicant to reimburse these costs. This Article, however, is very rarely applied. If a payment or reimbursement is required, the amount of the fee corresponds to the cost incurred. The fees are the same for all applicants and do not depend on the requesting State. Also, the fees are not proportional to the value of the litigation.
Documents can be faxed at (800) 296-0115, emailed firstname.lastname@example.org, 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.; All documents will be received by our receptionist.
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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 – 2200 Pennsylvania Avenue, 4 Fl East, Washington DC 20037
FOR ASSISTANCE SERVING LEGAL PAPERS IN SWEDEN
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!
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1. Swedish Tax Agency’s customer support staff may be reached at +46 8 564 851 60. The population registry provides free access to demographic data.
2. This Member State has adopted Regulation (EC) No. 1206/2001 of the 28th May 2001 on cooperation between the courts of the Member States in collecting evidence in civil or commercial cases with a view to finding an individual’s present address.
It seems unlikely that a search for a person’s address for the purpose of delivering a document becomes evidence. No such request has been made as far as we know. Thus, this is a matter for the desired court to resolve.
3. There must be notification to the receiver’s address that a document has been served, as well as a description of the document’s recipient. For example, a mailbox or door at the recipient’s residence may be used for service, or the bailiff may tack the document to the door.
4. The delivery of mail to and from overseas (Article 14 of the Service Regulation)
5. There should be some kind of written record proving that the paper was delivered. An official receipt or court document is frequently provided as proof that the documents have been delivered by telephone, surrogate, or post.
6.U.S. Embassy Stockholm
Dag Hammarskjölds Väg 31,
SE-115 89 Stockholm, Sweden
Telephone: +(46) (8) 783-5300
Emergency After-Hours Telephone: +(46) (8) 783-5300
Fax: +(46) (8) 783-5480
7. Address: Länsstyrelsen i Stockholms län
(County Administrative Board of Stockholm)
Centralmyndigheten för internationell delgivning
(The central authority for international service of documents)
SE-104 22 STOCKHOLM
Telephone: + 46 (0)10 223 10 00
Fax: + 46 (0)10 223 11 10
General website: https://www.lansstyrelsen.se/stockholm/other languages/english/businesses/society-and-development/international-service-of-documents.html
8. For example, an adult member of the addressee’s household or his/her employer