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.
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.
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