Service of process may be the most critical element of a civil action. Under the Fourteenth Amendment, no state may deprive any person of life, liberty, or property until the defendant has received notice and has an opportunity to be heard. This proceeding is complex when the defendant is a resident of a foreign country.
Note that a company doing business in the United States may be a division of an offshore corporation. Companies that do business in several different countries, such as cruise ship lines, may be the best example.
At Ancillary Legal, we make the complex international service of process procedure accessible to everyone. This accessibility is important, and not only to obtain remedies in court. An early misstep is something like service of process that could undo months or years of work. We help ensure that doesn’t happen to you, regardless of the defendant’s residence in a civil case.
Service of process in the United States, according to the aforementioned Fourteenth Amendment, usually requires personal service. A process server must place appropriate paper documents in the defendant’s hand.
Many corporations, especially foreign ones, have designated service agents within the United States. Delivering paperwork to these agents is equivalent to serving the corporate CEO or other high-level official.
In some cases, alternate service is available. For example, if the plaintiff cannot locate the defendant, most courts allow service of process through publication or another such method. A few courts now allow electronic service via a social media account in these situations.
If the defendant resides in a foreign country, U.S. law permits service via the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
Most countries outside the MENA (Middle East and North Africa) region have ratified the 1965 Hague Service Convention. Each ratifying country maintains a central office that receives and processes international court documents. The central authority then delivers the official document in accordance with local and applicable rules
Letters rogatory (formal requests to issue a judicial order from a court in the state where proceedings are underway to a court in another state) is the preferred international service method if the defendant is in a non-Hague Convention state. Basically, the foreign minister is the designated agent for service of process. After receiving them, this office forwards documents to the appropriate court.
Agency service, or individual service, is the most expensive kind of international service. This method usually involves hand-delivery of legal documents.
The Hague Convention filing fee in the United States is $95, applicable to foreign applicants serving someone in the U.S. However, for U.S. plaintiffs serving abroad, the cost may vary. Payment details are outlined in Article 12 of the Convention. Most countries provide this service free of charge, though fees may apply if the receiving country needs to employ someone for the service or if a specific method is requested. Additionally, there may be associated costs for courier fees and translations, if required, with the total cost determined by the receiving country.
Each country can provide an estimated timeframe for execution; however, the processing and receipt of a certificate may vary. In some cases, this process can take anywhere from one month to 18 months or longer. For more information on this, please contact us.
A non-U.S. address makes a complex case even more complex. For more information, contact Ancillary Legal at (404) 459-8006. The sooner you reach out to us, the sooner we start working for you.
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