Germany Process Server
Germany Process Service Company
Process Serving in Germany
Process Serving in Germany — the role of process servers as known in common law jurisdictions like the United States does not exist in Germany. Instead, legal documents are served by judicial officers (Gerichtsvollzieher) or through court-appointed methods. These officers are authorized by the German legal system to perform formal service of process in compliance with the country’s civil procedure laws.
If you need assistance with serving legal documents in Germany, consult with an experienced international process server or legal expert to ensure compliance and avoid costly errors.
Germany Process Servers
Service of documents originating within Germany and getting served within Germany are served according to Germany’s Code of Civil Procedures. Documents originating in another country and getting served in Germany, are served under the Hague Service Convention or via Letters Rogatory while complying with the requirements of Germany’s Code of Civil Procedures.
Judicial officers serve legal documents domestically and as part of international requests under the Hague Service Convention. They ensure compliance with German legal standards, which often include delivering documents in person.
Germany has designated a Central Authority to handle requests for international service under Article 5 of the Hague Convention. Documents must be submitted to the Central Authority and served in accordance with German law, usually through judicial officers.
The Hague Convention is a multilateral treaty adopted in Hague, Netherlands, on November 15, 1965, by member states of the Hague Conference on Private International Law. The convention came into existence in order to give litigants and other interested parties a reliable, cost effective and efficient means of serving documents on parties residing or operating in another country.
Attempting to serve documents through informal means, such as direct mail or private process servers, is not recognized in Germany and may lead to legal challenges or the service being deemed invalid. Therefore, it’s essential to adhere to the formal procedures outlined by the Hague Service Convention when serving legal documents in Germany.
Alternate Methods of Service
Serving the documents through the Central Authority (Article 5) is not optional but is binding on all the member countries. Services done by the Central Authority usually take a long time: 2 to 12 months. Note that the convention gives relief to the litigants if they have not received a 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 judgment. Also, in case of urgency, the court may issue a provisional order or protective measure even before the six-month waiting period.
Unlike some countries, Germany does not permit informal methods of service, such as using private process servers or direct service by mail. Germany has specifically objected to Article 10 of the Hague Service Convention, which allows:
- Service by mail (Article 10(a)).
- Direct service through judicial officers or agents in the receiving country (Article 10(b) and 10c).
These objections make it clear that any service of process in Germany must adhere to formal procedures, either through the Central Authority or other recognized methods.
Service By Mail
Germany has objected to Article 10 (a) of the Hague Service Convention, which includes service by mail or by private individuals. Please contact us for assistance.
Our Process
Documents can be emailed to us at operations@stellarkonsulting.com or posted at our US address at 5101 Santa Monica Blvd Ste 8 PMB1330 Los Angeles, CA 90029 United States, or at our Australian address at Level 6, 607 Bourke Street, Melbourne VIC 3000, Australia. Where timely service is a concern, it is best to just email us the documents. Along with the documents, please include as much detail as you have about the party to be served in as far as it relates to us being swiftly able to locate and serve that party.
You may also upload PDF versions of service documents to our website (click here to begin).
Office Locations
United States of America:
5101 Santa Monica Blvd Ste 8 PMB1330
Los Angeles, CA 90029
United States
Phone: + 1 (213) 786 1161
United Kingdom:
275 New North Road Islington 1896
London N1 7AA,
United Kingdom
Phone: +44 (20) 38905643
Australia, New Zealand and Far East Asia:
Level 6, 607 Bourke Street
Melbourne VIC 3000, Australia
Phone: +61 2 7259 7299
Middle East and Africa:
FAMC1732, Compass Building, Al Shohada Road
AL Hamra Industrial Zone-FZ, Ras Al Khaimah
United Arab Emirates
Phone: +44 (20) 38905643
Asia:
1 Dawood Street,
Shadman Colony, Gujrat 50700
Pakistan
Phone: +92 313-780-6280
Germany’s position on Hague Service Convention (Convention of 15 November 1965)
The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (HCCH 1965 Service Convention) provides for the channels of transmission to be used when a judicial or extrajudicial document is to be transmitted from one Contracting Party to the Convention to another Contracting Party for service in the latter. It establishes a main channel of transmission via a designated Central Authority, as well as alternative channels of transmission.
Hague Service Convention deals primarily with the expedient transmission of documents; it does not address or comprise substantive rules relating to the actual service of process. The framework provided by the Convention is both efficient and effective – statistical data shows that 75% of requests are executed within two months.
Germany’s position on Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters
In civil or commercial matters, a judicial authority of a Contracting State may, in accordance with the provisions of the law of that State, request the competent authority of another Contracting State, by means of a Letter of Request, to obtain evidence, or to perform some other judicial act. A Letter shall not be used to obtain evidence which is not intended for use in judicial proceedings, commenced or contemplated. The expression “other judicial act” does not cover the service of judicial documents or the issuance of any process by which judgments or orders are executed or enforced, or orders for provisional or protective measures.
Transmission of Letters of Requests
Germany recognizes Letters of Request (commonly called Letters Rogatory) as a valid method for international service of process or obtaining judicial assistance. These requests are formal communications from one country’s court to a foreign court, seeking help in performing legal acts such as serving documents or gathering evidence.
While this method is legally accepted in Germany, it is often lengthy, taking up to a year or more to process. This is because Letters Rogatory typically pass through diplomatic channels, involving multiple layers of bureaucracy. The process requires precise adherence to legal standards, including the submission of translated documents in German and the formal execution of the request by German judicial authorities.
Although effective, this method is slower compared to alternatives like using the Hague Service Convention, which Germany also supports. For cases requiring judicial cooperation beyond the scope of the Hague Convention, Letters of Request remain a reliable option.
If you need guidance on how to use Letters Rogatory for serving process in Germany, consult with Stellar Konsulting, which has expertise and experience in international service procedures.
Germany PROCESS SERVICE COMPANY
GERMANY PROCESS SERVICE UNDER THE HAGUE SERVICE CONVENTION
Germany is a signatory to the Hague Service Convention, an international treaty that standardizes the process of serving legal documents between countries. The Convention provides a reliable framework for transmitting documents and ensures compliance with the receiving country’s legal system.
CENTRAL AUTHORITY IN GERMANY
Under Article 5 of the Hague Service Convention, Germany has established a Central Authority to handle requests for international service of process. The steps include:
- Submission of the required documents (e.g., summons, complaint) to the Central Authority.
- Translation of the documents into German, as required by Germany’s declaration to the Convention.
- The Central Authority assigning the service to a judicial officer or appropriate local court for delivery.
- Returning proof of service to the requesting party after completion.
This process typically takes 2-6 months, depending on the complexity and the workload of the Central Authority.
INFORMAL SERVICE
Germany does not allow informal service of process, such as hiring private process servers or direct service by foreign agents.
Documents must be submitted to the Central Authority and served in accordance with German law, usually through judicial officers.
Germany has designated a Central Authority to handle requests for international service under Article 5 of the Hague Convention. Please contact us for more details.
TRANSLATIONS
For formal service of process, most non-English speaking countries require the documents to be translated into one of their official languages. Always rely on a professional for translating legal documents as even a minute error can have drastic impact on legal enforceability and timely progress on a matter.
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RATES (all prices are in USDs)
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Formal Service of Process
Please provide the specific service address in order to receive exact price. Service of process fees are per defendant and per address. -
Informal Service of Process
Germany does not allow informal service of process. Please contact us for assistance. -
Letters Rogatory
Please contact us for a Free Quote. (*with additional government fee) -
International Rush Delivery
Please contact us for pricing and details. Service of process fees are per defendant / per address. -
Translation
Proper nouns not translated. We have NAATI certified and non-NAATI translators on our panel who are experts in legal translations. -
Copies
Billed at local rates per page. Please send us a message for pricing and details. -
Notary
Please send us a message for pricing and details. - Status Update. Please contact us to request an in-person status check to get updates.
