Germany 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.
Germany PROCESS SERVERs
Germany 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
The Central Authorities are empowered to execute requests for service directly by postal channels if the conditions for service in accordance with Article 5(1)(a) of the Convention have been fulfilled. In that case the competent Central Authority will hand over the document to the postal authorities for service (this is specially the case for the Central Authority in Baden-Württemberg which carries out service via registered return receipt). In all other cases the local court (Amtsgericht) in whose district the documents are to be served shall be competent to comply with requests for service. Service shall be effected by the registry of the local court.
Under German law, the local court can perform both a simple (informal), as well as a formal service in person. This depends primarily upon the request. However, if simple service has been requested and a translation has also been enclosed, formal service in person – as an upgrade on a simple service, which is of benefit to the person filing the request – may also be performed.
Article 5(1)(a) Service
Formal service under Article 5(1) of the Convention, on the other hand, is only permissible in Germany if the document to be served and any attachments thereto have been prepared in German or have otherwise been translated into German. In such case, documents may also be served against the addressee’s will (supplementary service). This particular form of service is frequently demanded.
Unless requested otherwise, the courts generally perform service in accordance with Article 5(1)(a) of the Convention via the postal service.
Article 5(2) Service
Court officials or bailiffs perform this type of service.
In simple service, under Article 5(2) of the Convention the addressee may refuse to accept the documents without being required to provide any reasons for doing so.
Article 5(1)(b) Service
Services by special request seldom occur. For more information on methods of service, see European Judicial Network in Civil and Commercial Matters – Service of documents – Germany.
Under German law, service requested within the meaning of Article 5(1) of the Convention requires that all documents to be served must be prepared in German or that a translation in German be attached thereto.
Documents prepared in foreign language without German translations can be served in accordance with Article 5(2) of the Convention.
Germany has concluded no treaties with foreign States which deviate from the translation requirement within the meaning of Article 20 (b) of the Convention in the Convention’s scope of application.
Timeline for Execution
The service of documents is usually processed within three months including the time required for shipment.
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.
Documents can be faxed (800)-296-0115, emailed email@example.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?
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