Hungary 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.
Hungary PROCESS SERVERs
Hungary 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 special rules applicable to the service of official documents are available in Section 99 of the Code of Civil Procedure, Sections 27 to 32 of Government Decree no. 335/2012 (XII.4.) as well as Sections 35 and 35/A of Decree of the Minister of Justice no. 14/2002 (VIII.1.).
Official documents are in principle served by post thus this is the method of service usually used for the accomplishment of requests for formal service.
The official document is posted with a specific acknowledgement of receipt. The postal service provider attempts to serve the document on the addressee or any other authorised recipient.
If the addressee declines to accept the document, the document must be considered served on the day of the unsuccessful service. In that event, the postal service provider returns the official document without delay to the sender with the notice "delivery refused" and the legal consequences in connection with the served document are to be applied.
If the first service attempt is unsuccessful (but the addressee's address is otherwise correct), the postal service provider shall leave a notice at the given address informing the addressee that 1) the postal service provider tried to serve an official document, 2) it will attempt to serve the document on the fifth working day following the day of the unsuccessful delivery and 3) the addressee can collect the official document at the post office upon proof of identity.
Should the second service also be unsuccessful, the postal service provider will leave a second notice informing the addressee that the official document can be collected at the post office within five working days of the second unsuccessful service. After five working days the postal service provider will return the official document to the sender with a notice indicating that it was "not claimed for" by the addressee. In this case, the documents are deemed as served on the fifth working day of the second delivery attempt.
The same rules apply as for formal service but the documents cannot be considered as served when the addressee refuses to accept them or they are returned by the postal service provider as "not claimed for”.
For more information, see European Judicial Network in Civil and Commercial Matters - Service of documents - Hungary.
Hungary has declared that service under Article 5(1) shall only be made if the document to be served is accompanied by an official translation into the Hungarian language.
By official translation the Hungarian Central Authority means a translation that is accepted for the purposes of judicial proceedings in the requesting Contracting State under its law thus a certain quality and reliability is ensured.
Timeline for Execution
The average time frame of service is between two and three months that can be surpassed in problematic cases.
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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