Faulty delivery - how can I appeal against it?
The proper conduct of civil proceedings depends on the effective service of the document. However, the organs do not always do it properly. In what situations does incorrect service occur and what are the consequences?
What is effective service of letters?
Undoubtedly, the correct delivery of correspondence is one of the main elements of the correctness of the entire course of civil proceedings and, moreover, it guarantees the possibility of the addressee becoming familiar with the content of letters addressed to him, it is particularly important in the case of court letters. No less important role is played by the correct service of the parties' standing in the process, thus ensuring their equality. The importance of the importance of the discussed institution is also emphasized by the fact that its correct performance depends on the effectiveness of numerous procedural steps, e.g. effective service of a letter begins the time limit for performing a specific procedural act.
What is substitute service?
To properly understand the problem at hand, start by explaining what is correct service. Well, in order to be able to speak about the correct delivery of documents, it should take place in the hands of the addressee of the letter. However, the law provides for and allows in strictly defined cases the application of the so-called substitute service. Substitute service consists in handing over correspondence to a person other than the addressee, who is an authorized person under the provisions of the Act.
The entire responsibility of the correctness of the service rests with the authority that sends such correspondence. Even if the authority correctly prepares a letter and there is a wrong delivery and the addressee will not be able to read its content - such a letter does not have any legal effects, neither for the addressee nor for the authority. Of course, the addressee cannot be held responsible or bear any consequences in this respect, as in such a case there is no fault on his part.
It is very important that in such a situation (if he does not receive the letter), the addressee of the incorrectly delivered letter may apply for the reinstatement of the deadline. However, it should be remembered that the deadline can only be resumed if the action was not performed on time due to difficult to remove obstacles beyond the control of the party. This means that, for example, if a party receives a letter on the day of going on holiday and has not appealed for this reason, the above solution will not apply.