Dealing with Difficult Nations: Legal Cases Outside the U.S.

The laws related to service of process differ in every country, just as they differ in many jurisdictions within the United States. The secret is to understand the laws and regulations in the country where the service is to be performed. That is a function of the process service firm that handles your service abroad.

Service of process in some countries is extremely difficult due to conflicts between nations, perceived unfair laws, and customs within the foreign nation.

Perhaps the most egregious nation currently is Mexico. Their government has imposed unfair requirements on cases originating in the United States being served upon Mexican entities. Such restrictions do not apply to other nations and are apparently imposed to protect their citizens and corporations while being used as a tool to gain concessions from the U.S. government.

Cuba and North Korea are other countries that do not look favorably on lawsuits originating in the U.S. to be served upon their citizens. Their governments do not have treaties with the United States and do not allow for service by their own citizens who may act as a private process server. In Cuba, it is common to arrange for a process server from Mexico to enter the country to serve legal documents that originate in the U.S. However, North Korea strictly prohibits service of U.S.-based legal actions within their territorial limits. Violators are subject to prosecution which may result in death.

Saudi Arabia and some of its neighbors have a history of being “unfriendly” to process servers within their borders. In 2003, a process server was killed while serving legal documents for Process Service Network. See page 142 of the following link: Process Server Killed In Saudi Arabia

While the profession of process serving is often dangerous, by nature, experience process servers take the necessary steps to avoid problems while serving in foreign nations. In most countries outside North America and Western Europe, a process server is typically accompanied by two, or more, body guards which leads to higher costs for service.

No matter which country a service is to be made, consult with a reputable international process server for guidance as to applicable laws in the country where service is being contemplated. They will keep the attorney, and their client, out of potential liability.

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/