Effective service - what does this concept mean?
When serving letters, the court follows the principle of official service. This means that the service is the court's responsibility and it is the court's responsibility to serve the parties with copies of the statement of claim and the response to the statement of claim. As a rule, service is made through a postal operator, a person employed in a court, a bailiff or a court delivery service. Service is made in the apartment, workplace or wherever the addressee is found. At the request of a party, it is also possible to deliver to a post office box. What is effective service?
Effective delivery of the letter to entrepreneurs
Letters addressed to entrepreneurs, partners in commercial companies, legal persons, organizations entered in the register shall be delivered to their seat indicated in the register. If it was impossible to deliver them, they are left in the case file with an indication that they were successfully delivered to the addressee.
Effective service of the letter to natural persons
In the case of natural persons, service is made personally or, if they do not have legal capacity, the receipt is made by a statutory representative.
Persons staying abroad should indicate a representative for service in Poland. When this condition is not met, the letter is left in the case files and deemed effectively served.
In the case of EPU, letters are delivered via the ICT system.
Types of effective service
There are two types of deliveries:
proper - the addressee picks up the letter in person
substitute - service takes place to a person other than the addressee. This person undertakes to hand over the parcel to the addressee. It can be a householder, a caretaker, or a village administrator.
In the case of substitute delivery, the addressee may always prove that the delivery did not take place because the person obliged to hand over the parcel did not fulfill this obligation. When discussing the issue of delivery, it is also worth mentioning the advice note. This is information about the parcel left at the post office. The addressee has then 14 days to collect it, i.e. 7 days from leaving the notification and again 7 days if the addressee has not picked up the parcel within these 7 days from leaving the notification. After this deadline, the parcel is considered successfully delivered. If the addressee has received the letter, he confirms its receipt with his / her own signature and the correct date.
Refusal to collect the letter upon effective delivery
Refusal to collect the parcel by the addressee results in the fact that it is considered successfully delivered. Therefore, when the postman visits us to leave the parcel, it should be picked up, because after 14 days it will be considered successfully delivered anyway.
Effective service of a court document means that the addressee has the opportunity to read its content, reply to it and take any other legal action.