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International process service issues cause huge headaches when handling cases that span across more than one country. Sometimes these types of cases are inevitable. Below are three of the biggest problems we have seen in international process service.
Knowing How to Serve Internationally
One of the simplest of the three issues to solve regarding international process is knowing whether or not a country is signatory to the Inter-American Service Convention or the Hague Service Treaty – and whether you need a judgement enforced or not. Once you know this information, you can better decide how to proceed with service. If you are unsure, you can call us and we can help you to figure it out.
Timing of International Service
Some types of international process service can take several months or even a year. This is not ideal since most people want legal matters and lawsuits resolved as quickly as possible. Added delays with foreign governments and consulates can extend the timeline even further.
There are alternatives available in some cases, such as service via agent, but this depends on other factors too, such as whether you are expecting ruling or judgement to be enforced by a foreign country after service. If that is the case, service must be expected to follow rules and laws of that country, which may take more time and hiring a local agent may or may not be feasible.
Knowledge of Local/Foreign Rules and Laws
Just because a country may be a signatory to the Hague Service Convention, it does not mean they comply with all portions of it. Some may not agree to do service by mail or alternate service even though they are signatories. Figuring out these details by country is a hurdle when it comes to international service of process.
Additionally, there are also local and country rules that apply to service. Translation of these rules can be difficult and sending the documents in the wrong language can also cause problems, such as rejected service and having to resubmit all over again. These can cause added delays.
If you have a case requiring international service of process, reach out to us today and we will steer you in the right direction.
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