Service By Mail is Illegal!

While the headline may not be entirely true, it is accurate when it comes to international service of process. When you keep in mind that the purpose of service of process is to give actual notice to another party of a lawsuit, the standard must be high as to the method of such service.

There are currently two major treaties in effect that deal with cross-border judicial issues such as process service - The Hague Service Convention (“Hague”) and the Inter-American Convention on Letters Rogatory. Both are treaties between signatory countries that specify the available methods of service. Each signatory country has the ability to file a “reservation” regarding restrictions on how a service may be made within their borders.

All Hague nations currently prohibit service by mail related to a case that is filed in another jurisdiction. Some nations such as Argentina, China, Germany, Japan, and Switzerland take the matter extremely serious by making it a violation of both civil and criminal law to mail legal documents from outside. Germany recent prosecuted a case involving a matter that originated in another country and held the attorney and plaintiff liable for civil damages; criminal charges are pending.

Most nations consider it an infringement on their sovereignty to serve any legal document by mail. According to the U.S. Department of State, “Germany made a declaration objecting to service under Article 10 by allowing service exclusively by an agent of the German Central Authority. Any other methods of service, including attempts at service by mail, are considered illegal in Germany and an affront to its judicial sovereignty.”

In summary, while attorneys may be tempted to save expenses by serving foreign defendants by mail, extreme caution must be exercised to avoid civil damages and criminal prosecution against both the attorney and their client.

Process Service Network, located in the Los Angeles area, has been a specialist in international and hard-to-serve cases for the past 33 years. Their worldwide team of service professionals can answer questions about international service of process and handle service in any country. They may be contacted at processnet@sbcglobal.net or 800-417-7623.

How Lawyers Violate the Law in Foreign Service

It is easy for an attorney to unknowingly violate the laws of a foreign nation when serving legal documents abroad. Many lawyers do not realize that some countries have significant restrictions related to service of process. The consequences can be serious, including civil and criminal penalties.

The Hague Service Convention is the primary treaty between participating nations related to service of process. Some nations have made reservations to the Convention when they became a signatory to the treaty prohibiting service by any means other than service through their Central Authority. The most common prohibition is against the use of private process servers.

These Hague nations prohibit service by private process server: Bulgaria, China, Czech Republic, Egypt, Germany, Norway, Slovenia, South Korea, Sri Lanka, Switzerland, Turkey and Venezuela.

China, Germany, and Switzerland consider service that is in violation of the Hague Service Convention an infringement on their sovereignty and impose criminal penalties against all parties in the service chain, including the plaintiff, plaintiff’s attorney, and process server. In addition, civil penalties may be imposed on the same parties for violating the terms of the treaty.

The solution is simple: Consult with a reputable international process service company for guidance as to applicable laws in the country where service is being contemplated. They will keep the attorney, and their client, in safe waters.

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/

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/

Small Claims Court Strategy Guide

The desired outcome for you in filing your case in Small Claims Court is to collect the money that is owed to you. Here are four strategies that will help you acheive that outcome:

1. Accept a settlement offer before going to court – If the offer is reasonable and will avoid having to appear in court, and possibly not winning your case, take it. Example: Your claim is $1,000 and the defendant offers $800. Consider accepting the offer, plus your court costs (the filing fee and our fee) but give the defendant a specific deadline to pay the settled amount, in full.

Why should you settle before trial?
• Guarantees you receive money quickly
• Avoids court appearance (loss of time)
• Avoids possibility of losing

Why should the defendant settle?
• Avoids going on their credit report
• Prevents attachment of their assets
• Puts the dispute behind them

2. Prepare your case – The facts of your case must be concise and you need to pull together any written evidence (documents such as checks, invoices, receipts) that backs up your claim. Mark each document with a letter (“A”, “B”, “C”, etc.). Make a list of all of the documents that you intend to submit to the Judge and indicate the matching letter. Example: Cancelled check paid on 01/01/2010 – Exhibit “A”.

3. Tell your story to the Judge in one sentence – Everyone wants to tell all of the details but the Judge is only interested in the facts. Write out a one sentence statement that summarizes your case and state that, in your own words, when it is your time to present your case in court. Example: “I paid the defendant to paint my house and he never showed up; here is the cancelled check.” That’s all! The Judge will ask for clarification, if needed. Judges appreciate brevity more than any other factor.

4. Collect after you win – We can assist you in collecting a judgment after you win the case. There is a 30-day waiting period after the hearing but you may proceed with enforcement of the judgment after that period. We can attach the defendant’s bank account or wages, put a lien on their real property, or force the sale of personal property (additional fees apply). If you do not know where their assets are located, we can have them served with an Order to come into court to disclose all of the assets. If they fail to appear, you can have a warrant issued for their arrest!

The Small Claims process may seem confusing but it is actually easier if you have the right partner on your side. Small Claims Assistance Service is there to assist you every step of the way in collecting the money that is owed to you. We’ve been doing this since 1978 and we understand the legal system. Contact us today for a free consultation!

Small Claims Assistance Service
A Division of Process Service Network, LLC
20832 Roscoe Blvd. #106
Winnetka, CA 91306

800-417-7623
http://www.processnet1.com/