Wednesday, May 4, 2011

4 Steps to Successful Service Abroad

They forgot to teach potential lawyers in law school all of the details about service of process in foreign nations. Correction: They forgot to teach anything about foreign service in almost all law schools in the U.S. The result is not knowing where to turn when an attorney has a case involving a defendant in another country.

Here’s how to analyze the situation when filtering through the maze of service of process outside the country:

Step 1: Do your research …. Google, Yahoo, etc. when searching for information on service in a specific
nation. Hint: Be specific in your search, i.e. if service is needed in Egypt, search by “service of process Egypt” rather than “international process server.” Top ranking is important but watch for companies that do not specialize in international service of process. Look for process service firms that have a record of longevity and a strong reference list. Avoid companies that have international process service as a secondary function. Example, translation companies that also offer process service as a sideline; they typically ‘farm out” the service assignments and do not have full knowledge or control over the service.

Step 2: Ask questions …. Send an email requesting confirmation of web-based fee quotes. After you receive a reply, place a call to the responder to insure that a live body is on the other end. It is amazing how many top Google-ranked process servers are actually based outside the U.S. That should be a concern since there is no accountability if they fail to perform the promised service. Ask for referrals!

Step 3: Understand the promise …. Don’t take for granted how the service will be completed. Ask for specifics as to how the process works, time frame, possible obstacles. Determine, up front, if there are hidden costs and who is responsible for errors made in the process. Get everything in writing (email).

Step 4: Relax …. If you assign the service to a reliable process service firm you should expect that they will handle your assignment correctly and timely.

Keep in mind that service of process in another country will not be as efficient or as speedy as it is here in the U.S. due to customs, conflicting laws, and local restrictions on process servers. Your process service firm should be sensitive to court deadlines and provide an affidavit regarding the status of the service, at no charge, upon your request.

Nelson Tucker is CEO of Process Service Network, LLC that specializes in international service of process. He can be contacted at processnet@sbcglobal.net or through the firm’s website at http://www.processnet1.com/

No comments:

Post a Comment