INTERNATIONALLY RECOGNIZED EXPERTS ON TRANSNATIONAL LITIGATION PROCEDURES

THE HAGUE SERVICE CONVENTION

The Seventh Session of the Hague Conference, comprised of 15 European countries and Japan, adopted the Statute of the Hague Conference on Private International Law in 1951. It went into effect July 15, 1955.  The lofty purpose of the Hague conference “is to work for the progressive unification of the rules of private international law.”

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Service of Process
July 15, 2018

Service of Process – Germany

Germans pilot the largest economy in Europe, thanks in part to its many large companies, including Adidas, Audi, BMW, Bayer, and Volkswagen. In order to properly serve those companies, or…
Service of Process
July 15, 2018

Service of Process – India

One billion 350 million people call India home, which means 18% of the entire world lives in one country. Add to that well over a million companies operating in India…

FREQUENTLY ASKED QUESTIONS

Read on for answers to some common questions we receive:

Do I have to serve originals?

In most countries, litigants are not required to serve original documents. There are exceptions! Both Mexico and India require legalized summonses and other court orders. Greece, oddly, requires a legalized translation!

How much time does the defendant have to answer?

Interestingly, the location of the defendant does not impact its time to answer, so however many days are listed in the summons is how much time the defendant has to answer.

I have multiple addresses for the same defendant – will the foreign judicial officer attempt service at all the addresses I provide?

No, only one address per Hague Request is permitted. Some judicial officers, though, will research on their own a proper address for the defendant if there is a local citizen’s registry, for example.

How much time does service take?

There are many variables that affect turnaround time including the location of the defendant, what the Destination State’s declarations are, and even the time of year service is attempted.

How much does service cost?

Service abroad is indeed more expensive than domestic service. Fees begin at $500 and increase from there depending on the country. Call Shreefer Law for a no-nonsense estimate of what costs you can expect.

I love going to Mexico/Canada/country of your preference, can I just fly there and serve it myself?

No. When no objection has been made to Articles 10 (a) and (b), jJudicial officers” competent in the foreign country where you are serving are the only individuals authorized to serve process. It helps to flip the concept on its head: Would service be proper if a Mexican citizen visited the US and then served your client in Texas? Service effected by someone running across the border can be easily quashed. If this is how your client was served, contact Shreefer Law for more information on Motions to Quash.