Netherlands Process Service
Process service, also known as "service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunals. Notice is furnished by delivering a set of court documents (called "process") to the person to be served, process service is performed by a process server.
Netherlands PROCESS SERVERs
Netherlands process servers serve civil and commercial matters pursuant to the Hague Service Convention, which is a multilateral treaty adopted in Hague, Netherlands on November 15, 1965, by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating, or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. Also, the Convention shall not apply if the address of the person to be served with the document is not known.
Method of Service
Article 5(1)(a) Service
If the documents are to be served in the Court District of The Hague, the Central Authority sends them to a randomly selected bailiff, with the request to serve the documents on the person concerned. If documents are to be served in another court district, the Central Authority sends them to the designated Public Prosecutor’s Office / International Legal Assistance Center (IRC) and requests for service by a bailiff.
The Public Prosecutor will serve by way of police; also in practice done via postal service - if no one is there, a message is left stating where the document can be collected.
Article 5(2) Service
With regard to the authorities involved, informal delivery works in the same way as formal service (see above). The explanatory memorandum to the Implementation Act states that, as a rule, a local police officer in the Court District concerned should be deployed by the Public Prosecutor for an issue in the Dutch language. However, in practice, there is no real uniformity. Depending on where the documents are to be served, they are sometimes served via postal channels, by the police, or by a member of the "documents service brigade".
Service by a particular method Article 5(1)(b) Service
A special request has never been received.
For more information on the service of documents, see European Judicial Network in Civil and Commercial Matters – Service of documents – The Netherlands.
No translation is required. However, a translation of the summary is desirable. There are no agreements with other countries.
Timeline for Execution
An average of two to three months.
The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send a request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request.
The main benefits of the Hague Service Convention over letters rogatory are that it is faster (requests generally take two to four months rather than six months to one year), it uses standardized forms which should be recognized by authorities in other states, and it is cheaper (in most cases).
Alternate Methods of Service
The Hague Convention provides various modes of process service of documents such as by postal channel or by diplomatic/consular agents, judicial officers, officials, or other competent persons. These provisions are covered under Articles 8 to 10 and may or not be allowed by member countries as a valid mode of serving the documents in their territory. The method of serving the documents through the Central Agency (Article 5) is not optional but is binding on all the member countries. The services are done by the Central Agency usually take a long time: 4 to 12 months. The convention gives relief to the litigants if they have not received a certificate of service or delivery from the Central Agency even after waiting for six months. In such cases, the Court may, if it considers that a reasonable time has elapsed, give its judgment. Also, in case of urgency, the court may issue a provisional order or protective measure even before the six-month waiting period.
Service by Mail
Service by mail is possible only in states that have not objected to that method under Article 10(a) of the convention and if the jurisdiction where the court case takes place allows it under its applicable law.
Documents can be faxed (800) 296-0115, emailed firstname.lastname@example.org or uploaded on 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 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.
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
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