Switzerland Process Service
Switzerland Process service, also known as "service of process,” is the procedure employed to give 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 tribunals. Notice is furnished by delivering a set of court documents (called "process") to the person to be served; a Switzerland process server performs process service.
Switzerland PROCESS SERVERs
Switzerland process servers serve civil and commercial matters pursuant to the Hague Service Convention, 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 the 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
According to article 138 of the Code of Civil Procedure, summons, orders, and decisions are notified by registered mail or in another manner against acknowledgment of receipt. The document is deemed to be notified when it has been delivered to the addressee, to one of its employees, or a person of at least sixteen years of age living in the same household. The order given by the court to serve the document personally to the addressee is reserved.
Sending by registered mail can be done as a "judicial act" (AJ). Sending as an AJ is governed by the general conditions of the Swiss Post and its information brochures. The AJ product of Swiss Post is used for sending (within Switzerland) e.g. citations, court decisions, other judgments, and legal documents. The acknowledgment of receipt is returned to the sender after postal distribution by AJ. The AJs can also be sent with the mention "Personal delivery."
In practice, notifications "in another way against acknowledgment of receipt" can be executed by a bailiff, by a police officer, or by a summons from the addressee to withdraw the documents at the court registry. If he does not show up, the police may be responsible for making the notification.
As a general rule, the Central Authorities notify acts according to the rules of civil procedure, that is to say, in a formal manner, whether one is within the framework of Article 5 (1) a) or Article 5 (2). When a translation does not accompany the request, and the addressee refuses to accept the notification, the Central Authority or the competent cantonal court will mention this on the certificate and inform the requesting State that the notification must be carried out in accordance with Article 5 (1) (ie formally within the meaning of CLaH65); a translation will then be required (see Switzerland's reservation).
For more information on methods of service, see "Guidelines Civil Matters."
Article 138 of the Code of Civil Procedure
Swiss Post, Judicial documents
Switzerland declares that in cases where the addressee does not voluntarily accept a document, it cannot officially be served on him or her in accordance with Article 5(1) unless it is in the language of the authority addressed, i.e. in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the document is to be served (the official languages of every canton are mentioned on the list of Cantonal Central Authorities).
Timeline for Execution
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 a 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 at (800) 296-0115, emailed email@example.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.
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 the 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.
DOMESTIC COVERAGE AREAS:
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INTERNATIONAL COVERAGE AREAS:
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New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
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New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004
for assistance serving legal papers in Switzerland
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