signifier en vain

English translation: which was served on XX/XX/XXXX without success

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:signifier en vain
English translation:which was served on XX/XX/XXXX without success
Entered by: Ulla Kask

13:43 Nov 16, 2019
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: signifier en vain
This is under the FACTS AND PROCEDURE section of some French court documents relating to liquidation proceedings:

[...], la société a fait appel de la décision en date du XX/XX/XXXX, la cour a rendu son arrêt le XX/XX/XXXX qui a été signifié le XX/XX/XXXX en vain.

I haven't been able to find any clues about whether the use of 'en vain' here in particular means that notification of the judgement could not be delivered, or that notification of the judgement was delivered, but produced no results (i.e. the defendant did not comply with the judgement - which in indeed the case, but perhaps not what is meant here)?
Ulla Kask
France
Local time: 01:09
which was served on XX/XX/XXXX without success
Explanation:
This sounds like an attempt to by the court to serve process without success.
The usual reasons are (1) the order was posted, but returned undelivered, or (2) a process server tried to serve the order but could not locate the individual

Where I live (England) the Court simply posts documents by ordinary unregistered mail. Documents are deemed to be properly served if they are not returned undelivered. If further attempts to serve are needed, it's up to the opposing party to arrange for a process server or to instruct an enquiry agent to attempt to trace the individual.


Range v. Eagan, Case No. 17-11245 | Casetext
https://casetext.com › Browse cases › 6th Circuit › January › Range v. Eagan
17 Jan 2018 - Plaintiff submits that they "have been reassigned and moved around to different facilities," making service of process unsuccessful. He also ...
Selected response from:

AllegroTrans
United Kingdom
Local time: 00:09
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1which was served on XX/XX/XXXX without success
AllegroTrans
3of which formal notice on XX/XX/XXXX remained in vain
Nathalie Stewart


Discussion entries: 4





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
qui a été signifié XX/XX/XXXX en vain
of which formal notice on XX/XX/XXXX remained in vain


Explanation:
Perhaps this would be sufficient as a translation. It also can go both ways in English.

(see Discussion above)

https://www.robot-advance.com/EN/ins-order-and-delivery-24.h...
... after a formal notice has remained in vain.

https://cop-room.com/pages/terms-of-purchase?locale=en
...the Seller may, after formal notice [...] remained in vain, proceed to the withdrawal and resolve the sale by right.

Nathalie Stewart
France
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
PRO pts in category: 37
Notes to answerer
Asker: Thank you, Nathalie, for the very useful input and references! However I do have to agree with AllegroTrans about the importance of keeping the term 'service' in the translation.


Peer comments on this answer (and responses from the answerer)
agree  Eliza Hall
41 mins

agree  SafeTex: Safer bet here
9 hrs

disagree  Adrian MM.: formal notice to complete or revoke in the sale of goods is a completely different ball game
1 day 1 min

disagree  AllegroTrans: You have omitted the essential fact that "signification" is "service" (a specific requirement with specific rules) not merely giving notice
1 day 16 mins
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
qui a été signifié le XX/XX/XXXX en vain.
which was served on XX/XX/XXXX without success


Explanation:
This sounds like an attempt to by the court to serve process without success.
The usual reasons are (1) the order was posted, but returned undelivered, or (2) a process server tried to serve the order but could not locate the individual

Where I live (England) the Court simply posts documents by ordinary unregistered mail. Documents are deemed to be properly served if they are not returned undelivered. If further attempts to serve are needed, it's up to the opposing party to arrange for a process server or to instruct an enquiry agent to attempt to trace the individual.


Range v. Eagan, Case No. 17-11245 | Casetext
https://casetext.com › Browse cases › 6th Circuit › January › Range v. Eagan
17 Jan 2018 - Plaintiff submits that they "have been reassigned and moved around to different facilities," making service of process unsuccessful. He also ...

AllegroTrans
United Kingdom
Local time: 00:09
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1355
Notes to answerer
Asker: Thank you, this version does seem to fit the best!


Peer comments on this answer (and responses from the answerer)
neutral  Daryo: "Documents are deemed to be properly served if they are not returned undelivered." => you can not assume that the same rules apply outside of UK - in some other jurisdictions you might need more than an assumption - a positive proof of delivery. //unclear
12 hrs
  -> I haven’t assumed this

agree  Adrian MM.: ... that had been......: so 'marked: returned unserved'
20 hrs
  -> Assuming it's referring to postal service. yes, but best to omit just in case it was an attempt at personal service and the debtor legged it as soon as he saw the process server coming up his driveway, or denied being who he really was, etc.
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