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Service
of Judicial Documents
in Bulgaria
The United States and Bulgaria, are signatories
to the Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters, Done at the Hague, November
15, 1965, (Hague Service Convention). This service is recommended.
In addition, please be aware that many forum state statutes indicate
that service shall be made by any internationally agreed means (treaty
or convention) or by an entity "authorized to make service".
Service in Bulgaria through the Hague Service Convention generally takes
2-3 months, but can take longer. No request for expedited service is
acknowledged by the foreign judicial authorities. Because of this, we
will provide an affidavit indicating that the service is in progress,
that we are in compliance with applicable statutes, and when we reasonably
expect service to be completed. This can be used to support a motion
to extend, if necessary, and is provided at no additional cost. The
judicial authorities in Bulgaria are not obligated to provide status.
However, we will follow the service as closely as possible.
Please note: Depending on the forum court statutes, we may request that
an order be obtained appointing our firm as an entity authorized to
request service. We will prepare the order for you at no additional
cost. It would be your responsibility to have it executed. The cost
for translation of the order will also be your responsibility.
All documents to be served should be translated into Bulgarian or the
language of the recipient. In accordance with article 5 of the convention,
if the documents being served are not translated, the request for service
can be denied by the judicial authorities of the destination country.
In addition, it is common for the defendant to be given the option of
refusing the service due to lack of translation and, in this instance,
the documents would not be served if not accepted voluntarily by the
defendant.
THE FOLLOWING IS REQUIRED FOR US TO EFFECT SERVICE
THROUGH THE TREATY:
One set of service documents for each entity
Name and address of entity to be served
Fees are due in advance and will be quoted prior
to accepting the assignment.
Translation of all documents, unless you choose
to attempt service without translation. If we are to provide translation,
translation fees are also due in advance and will be quoted upon viewing
the documents.
Service by private agent is available. However,
it is wise to keep in mind that private agent service may be quashed
in the originating US court and any US judgment obtained on the basis
of private agent service may not be enforceable in Bulgaria.
Rather than risk challenges to an alternative method of service under
Article 10(c), it would be prudent to not invite potential challenges
or protracted appellate proceedings on questions of validity or adequacy
of service by private agents in a Convention country.
Private agent service fees are dependent upon the location of the service
and there are many areas where travel is difficult. The average turnaround
time is 2 weeks. Rush service is available for an additional fee.
The proof of service will be in the form of an affidavit. If possible,
the affidavit would be notarized at the US Embassy in Sofia. If this
is not possible, due to prohibitive costs or travel, the affidavit will
be notarized by a local Bulgarian notary and the expense for this is
generally high because the affidavit will need to be translated before
it can be notarized. If you require notarization by a US Consular officer,
or Court authentication, it would need to be requested and paid for
by your office prior to completion of the service.
FOR US TO EFFECT THIS SERVICE, WE REQUIRE THE FOLLOWING:
A complete copy of each of the documents to be
served;
Full name, address and any other information available,
for the entity being served;
Fees are due in advance and the basic costs will
be quoted prior to accepting the assignment;
If this is the method of service you choose, we
require your written authorization to effect private agent service after
being informed of the possible consequences.
Our office can provide all the integral services
and assistance to effect service of civil process in Bulgaria using
either of the above methods.
Limited areas of investigation, court record retrieval and various searches
are available in Bulgaria. Please contact us to discuss your options
if you require assistance other than the service of civil process.
Call Prestige Legal Services toll
free at 1-800-784-7572 for your free, no-obligation quote.
* ALL FEES DUE IN ADVANCE
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