Poland 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.
Poland PROCESS SERVERs
Poland 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 Polish Central Authority is not directly involved in the service of documents. Documents are sent to competent courts. These courts may use for formal service the post, a bailiff or the court’s service officials. The formal service may also be conducted by directly handing a document to the addressee in the court registry.
Article 5(2) Service
Informal delivery within the meaning of Article 5(2) may be conducted only by directly handing a document to the addressee in the court registry.
Service by a particular method (Art. 5(1)(b))
Service by a particular method requested by the applicant may be conducted, for example, by police officers or by notary.
For more information on methods of service, see European Judicial Network in Civil and Commercial Matters – Service of documents – Poland.
The document, which is to be served under Article 5(1) of the Convention, should be generally translated into Polish. According to Article 1132(2) of the Polish Code Civil Procedure, if a court or other authority of a foreign state applies to a Polish court for the service of document on a person staying in Poland, without attaching a translation of the document into Polish, the document is served on the addressee if he chooses to accept it.
The only exception is provided by Agreement of 5 July 1987 between Poland and China, which allows enclosing a translation of judicial documents into English. However in practice, documents from China which are delivered to a Polish authority with translation into English should be translated into Polish by the Central Authority or by the competent regional court.
Timeline for Execution
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 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 is 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)
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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