China, People's Republic Process Service

Process service, also known as "service of process,” is the procedure employed to give an 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 tribunal. Notice is furnished by delivering a set of court documents (called "process") to the person to be served.

China, People's Republic PROCESS SERVERs

China, People’s Republic 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

The Central Authority of China refers the document to the competent court. The court will serve the document directly to the addressee or the person who is entitled to receive the document. Where direct service is impracticable in some cases, other methods may be employed in accordance with the Civil Procedure Law.

Article 5(2) Service

There is no such method in the Chinese domestic law, and the addressee may refuse to accept it in any case.

Article 5(1)(b) Service 

In such cases, the Central Authority of China forwards the documents to the competent court. The competent court may execute the service to the extent not contrary to Chinese domestic law.

Translation Requirements

According to the Civil Procedure Law of the People’s Republic of China, service requested within the meaning of Art. 5(1) of the Convention requires that all documents and evidence to be served must be written in Chinese or that a translation in Chinese be attached thereto, unless there are contrary prescriptions in the mutual treaties between China and other Contracting States of the Hague Convention.

Procedure

The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send 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.

Our Process

Documents can be faxed (800)-296-0115, emailed ps@undisputedlegal.com, mailed 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our location. 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. This option is only available for email or fax.

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.

What Should You Do Next?

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

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

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