Know Your Options And Requirements

 

Knowing how to legally effect service in a foreign country is the critical first step and service procedures should be started as soon as a foreign defendant has been identified.

Many legal professionals are aware of the Hague Service Convention. However, they mistakenly refer to it as the “Hague Convention” without knowing that there are at least 39 different “Hague Conventions” and each “Convention” was created for one specific issue, such as service, evidence, document authentication, etc. It is wise to understand the differences between these Conventions and when/which one is warranted in a particular situation.

If enforcement of a U.S. judgment or order IN THE FOREIGN COUNTRY is anticipated, initial (and often subsequent) service is critical. If service is found to be defective under the laws of the foreign country, it usually cannot be corrected and would affect subsequent enforcement.

There is more than one way to effect process service. Every country, as well as each of our states, has its own legal requirements for the service of process. Some countries also have laws prohibiting private process service.

Choosing the right method of service requires knowing what will affect the validity of your service.  For example, the United States Supremacy Clause can override state statutes for service if a federal treaty is in force, such as the Hague Service Convention.  Therefore, even if the applicable U.S. state statutes do not require use of the Hague Service Convention, service in many countries could be quashed if outside the protocols of the Hague Service Convention.

We can assist you in making the best choices for your clients and avoid the disastrous consequences of invalid service in a foreign country.

Fees required in advance and subject to change.