Portugal 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.

Portugal PROCESS SERVERs

Portugal 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 Authority forwards the documents to the competent court/entity (of the area in which the addressee usually resides) to perform the service. The methods prescribed by our domestic law for the service of documents in
domestic actions are the following:

  • service by registered mail with acknowledgement of receipt;
  • service by regular mail in case of failure of the service by registered mail;
  • personal service by a court clerk/implementing agents;
  • if the first attempt is not successful, personal service by a court clerk/implementing service by prior arrangement of the exact time of the service on the person to be served or on another person present at the specified location who is shown to be in the best position for passing on the communication.

Once documents are served, they are returned to the Central Authority to be forwarded to the competent entities of the requesting State.

For more information on methods of service, see:

  1. European Judicial Network in Civil and Commercial Matters - Service of documents - Portugal
  2. e-Justice Portal

TRANSLATION REQUIREMENTS

Translation into Portuguese of the document to be served, as well as the document’s summary and annexes thereto is mandatory.

TIMELINE FOR EXECUTION

Between 30 and 60 days.

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.

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 done by the Central Agency usually takes a long time: 4 to 12 months. The convention gives relief to the litigants if they have not received 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 judgement. Also, in case of urgency, the court may issue a provisional order or protective measure even before 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.

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 locations. 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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