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Service
of Judicial Documents in Greece
The United States and Greece, 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 Federal Rule 4 and many state statutes
indicate that service shall be made by any internationally agreed means
(treaty or convention) or by an entity "authorized to make service".
These states include Alabama, Alaska, Arizona, California, Connecticut,
District of Columbia, Florida, Georgia, Hawaii, Idaho, Kansas, Maine,
Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, North Carolina,
Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah and Vermont.
Service in Greece through the Hague Service Convention generally takes
3 months, but can take longer. No request for expedited service is acknowledged.
Because of this, we will provide a notarized 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 Greece are not obligated
to provide status. However, we will follow the service as closely as
possible.
Please note: Article 3 of the Convention indicates that "the authority
or judicial officer competent under the law of the state in which the
documents originate shall forward to the Central Authority" a request
for service of judicial documents. Therefore, it is often possible to
quash services effected through the Hague Service Convention because
the requesting party "was not authorized to serve process in the
state of the originating court and therefore is not authorized to request
service".
Although this does not apply to Federal court or any state court that
allows service by any individual over the age of 18 and not a party,
some Central Authorities require the order. However, even if not required
by the destination country or originating court rules, we recommend
that an order be obtained as a precautionary measure. We will prepare
the order for you at no additional cost. It would be your responsibility
to have it executed.
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.
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 Greece.
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.
Service in a major area such as Athens can be effected quickly. The
complete turnaround time for this method of service is usually 2-3 weeks,
but can take longer, especially if service is to be effected on one
of the smaller islands. There are many areas where travel is often difficult.
Rush service is available for an additional fee.
The proof of service will be in the form of a notarized affidavit. If
possible, the affidavit should be notarized at the US Embassy in Athens.
If this is not possible, due to prohibitive costs of travel, the affidavit
must be notarized by a local Greek notary and the expense for this can
be high if the affidavit needs to be translated into Greek before it
can be notarized.
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 service
and assistance to effect service of civil process in Greece using either
of the above methods.
Limited areas of investigation, court record retrieval and various searches
are available in Greece. 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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