International Service of Process
Every case begins with service of process on the Defendants, whether the case is in the United States or overseas.
The act of perfecting service of process is jurisdictional, and proper service is absolutely essential to the ultimate success of the case.
Failure to perfect service of process will certainly result in increased time, effort, and costs for your client, or even a dismissal at the end of your case.
On the other hand, successful international service of process in international litigation can mean:
- the early success of your case
- the ability to enforce a judgment abroad
- and can even force a recalcitrant foreign defendant to settle
Depending on the case and country, the following are used in international service of process:
- Treaties, such as the Hague Service Convention and the Inter-American Convention
- letters rogatory
- diplomatic methods
- international process servers
- specialized approaches
- registered international mail
For example, letters rogatory is recognized under the Hague Convention, and in some countries outside of the United States, it is the only form of service that is permitted. In this particular procedure, your local court must make a formal request, and it must be addressed to a suitable court in the proper jurisdiction in the foreign country.
In another example, the Hague Convention recognizes registered international mail; however, not all signatories to the Convention allow this method to be used in their territory.
Knowing which method to use in which case and in which country can mean the difference between successful service and failure to serve.
Under the Hague Convention, parties have the right to opt out of certain forms of service if they so choose.
Do You Need an Attorney for Foreign Service of Process?
Foreign Service Law Office has significant knowledge and experience in these methods of international service of process and is able to advise you on the best method for your case.
We can undertake the specialized procedures needed to perfect international service of process in your case, regardless of what forms of service the foreign jurisdiction in your case requires or opts out of.
If you or your client have been served in an international litigation, Foreign Service Law Office can evaluate the way service was made and advise as to whether service was proper and valid. There is a possibility that the service of process in your case can be rendered invalid if the evidence supports this notion.
Too many lawyers make mistakes when trying to perfect international service of process, and you need not assume that the procedure was done correctly.
Attorney Mark I. Dunaevsky has served as an expert on international service of process in American courts, and he can lend his specific expertise to your case.
No matter what type of issue you are dealing with, consult with him before answering or pleading, or submitting to the jurisdiction of the Court. Service may not have been proper, and this could have a significant impact on your case.
Foreign Service Law Office. Your expert on international service of process.