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Service of Documents between Germany and the USA
The service of documents in cross-border legal relations is governed by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters of November 15, 1965 (BGBl. II 1977, S. 1453). A central authority in each country has been charged with the formal service of documents. In the U.S., it is the agency commissioned by the Department of Justice in Washington and in Germany, it is the (decentralized) judicial authorities of the individual German states (for the most part, the state ministries of justice).
1. Official Service via US authorities (Art. 2-6 of the Convention) In the US the PFI Requests by German courts or authorities for service of documents are to be sent directly to the PFI in compliance with its guidelines (see its homepage), with two document sets and, as applicable, with an English translation. The PFI will then initiate the service of documents. The fees for this service are currently U.S. $95.00 and are to be paid in advance. The status of the service request can be tracked at any time on the Internet. Please see 2. Consular Service of Documents (Art. 8 of the Hague Convention) In legitimate exceptional cases and on a voluntary basis, judicial and extrajudicial documents in civil, commercial, and labor matters may also be served by the competent German diplomatic mission in the U.S. on an informal basis and without regard for the nationality of the recipient of the service documents. Para. 13 of the Rule on Judicial Assistance stipulates the requirements for such service of documents.
1. Official service via German Authorities (Art. 2-6 of the Convention) The documents to be served shall be forwarded to the central authority in Germany in the various Federal States by the authority or judicial officer competent under US law (this may be the attorney of one of the parties). The request for service must be accompanied by a summary of the document which itself must be written in, or translated into, the German language. The summary and the document (including, if applicable, its German translation) will be served upon the addressee. This will be initiated by the competent central authority or, upon its request, by the Local Court in Germany. The competent central authority will issue a certificate of service and forward this to the authority or person having requested the service in the other State. 2. Service through dipolmatic/consular agents (Art. 8 of the Convention) US Missions in Germany may - without application of any compulsion - serve documents upon US citizens in Germany only. 3. Service by postal channels (Art. 10 of the Convention) Service by direct postal channels from the US upon persons in Germany is not allowed, as Germany has raised objections under Art. 10 of the Hague Convention.
List of Central Authorities in Germany (Federal States) Please see
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Konsulatfinder Nine German Missions throughout the US offer consular services. Each Mission covers specific states. Please enter your zip code or select your state of residence in the form below. You will then be directed automatically to the website of the Mission that can assist you with your concerns. Deutschland unterhält in den USA neun Auslandsvertretungen. Jede Auslandsvertretung hat einen festgelegten Amtsbezirk, der mehrere US-Bundesstaaten umfasst. Bitte geben Sie in das oben stehenden Formular Ihre US-Postleitzahl (zip code) oder den Bundesstaat (State of Residence) ein, in dem Sie zur Zeit wohnen (im Fall von Kalifornien geben Sie bitte das County an). Sie werden dann automatisch auf die Webseite des für Sie zuständigen deutschen Generalkonsulats weitergeleitet Newsletters
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