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Wednesday, March 10, 2010
 

 

 
 Process Serving throughout France.
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Process Serving in France 

            www.papier-bleu.com is one of a few virtual agencies that specializes in French service of process and offers competitive rates on foreign services.  Here is a summary of the methods available for service outside the United Kingdom .

Our job is to cut through the bureaucracy and red tape to get the service completed with as little delay as possible.  Since we have been in business in France for 15 years, we have developed close working relationships with registered French Detectives & Huissiers .

FORMAL SERVICE:

Many countries are signatories to The Hague Service Convention (treaty) that governs service of process to be effected between participating nations; FRANCE is one of them. Service may be made by formal service through the Central Authority which itself arranges for service by methods prescribed in that country.  Documents to be served in accordance with this method must be translated into the official language of the country where the documents will be served.  The time frame can range from 2 to 3 weeks . 

 

French bailiffs (huissiers de justice) have a statutory monopoly on the right to effect service of process in France.

When a French bailiff serves a summons notifying a person or a corporation in France that he/it has been sued in France or in another county, such process server must follow specific statutory requirement. The most important statutory provision are set forth in Articles 648 - 658 of the Code of Civil Procedure ("CPC").

THIS IS THE RECOMMENDED METHOD FOR SERVICE IN FRANCE IF ATTACHMENT OF ASSETS IS ANTICIPATED. 

Advantage:         Enforceable judgment; cost   

INFORMAL SERVICE:

                Private process servers may serve documents in most countries, whether a signer of The Hague Service Convention, or not.  Service is normally handled in a manner similar to methods used in the United States and United Kingdom, although completion of the service usually takes longer. Customs and traditions in other countries tend to lead to a slower pace and less rigid work habits, particularly in some European countries.  Service may take several months but informal service is sometimes faster than the formal method. 

Disadvantage:      Judgment will not be enforceable in France; cost;

Ideally suited for Plenary Summons & Statutory Demands

Plenary summons. This type of summons is used to commence proceedings where there is a real dispute between the parties and/or the amount of the Plaintiff's claim is not specific or easy to calculate. For example, a plenary summons may be used where the Plaintiff claims that he or she was injured in a road traffic accident due to the Defendant's negligence. When a plenary summons is issued, the next step is for the parties to exchange pleadings Eventually, the case will be given a date for a trial and there may be evidence given by witnesses. 

WARNING:            Beware of companies that quote suspiciously low rates.  They often come back later with an excuse for an additional charge.  Our rates are firm for one address quoted.  Other companies are actually brokerage firms or website developers, not process service agencies, who farm out assignments to secondary companies that are not knowledgeable or qualified on international service of process.   

DISCLAIMER:

                 The information contained herein is provided for general information only and may not be accurate at the time of service in a particular case or country.  Questions involving specific services should be directed to our office.  Care should be exercised in choosing the method of service (formal/informal) if eventual enforcement of a judgment is anticipated in the country where the documents are to be served.  No legal advice is intended in the statements contained herein.  Assignments for international service of process are accepted on the basis that the assigning law firm has researched all applicable laws.  ACTAEON LIMITED and its agents assume no liability for its actions in the course of any phase of the service of process assignment.

 


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