CHANGES IN RULES CONCERNING GERMAN COURT SERVICE ON MEMBERS OF THE FORCE

With in the past year or so the United States government and the German government re-negotiated some of the supplementary agreements to the Status of Forces Agreement (SOFA) between the US and Germany. These negotiations take place periodically on a regular basis.

One of the changes that was negotiated in the last round, was a change to how the German court can make service of process on members of the force, anyone who is covered under the SOFA. Prior to the new agreement, the German court was required to send all service of process requests to the United States Army Europe Headquarters (USAREUR) for service. This was done by disseminating the service of process requests though the International Affairs offices. Under the change, the German court only has to notify USAREUR of the court action then service can be made under regular German service of process procedures. The regular procedure is to deliver the service of process to the German home mail box of the member of the force. Once the summons has been placed in the mail box the member is considered to be served.

It is important for members to insure that whenever they are not able to check their German mail on a regular bases, i.e. deployment, TDY, leave etc., that the member notify the German postal system they will be away. If a notification is not placed with the German postal system service of process can be made while the member is gone and unable to respond to the summons.