Top 10 Problem Countries for International Service of Process

Service of process in cross-border disputes can be perplexing and frustrating if you do not understand the laws, regulations, customs, and legal system of each country. Some countries offer a smooth process in completing a legal service while others pose a seemingly overwhelming obstacle.

Here are our Top 10 worst nations for international service of process:

1. North Korea
2. Iran
3. Cuba
4. Mexico
5. India
6. Argentina
7. Russia
8. Afghanistan
9. Antarctica
10. United States

Some of these countries should not be a surprise but others require an explanation. North Korea, Iran, Cuba, Afghanistan, and Antarctica are not signatories to any treaty related to service of process and service may only be made by private process server. Letters Rogatory, which is a formal alternative to a treaty method, is not available in any of those nations due to lack of diplomatic relations or no governmental agency available which can handle service requests.

Mexico, India, Argentina and Russia are signers of the Hague Service Convention (treaty) but each have created serious obstacles to prevent a civil monetary judgment from being obtained against a business entity or citizen of their country. Mexico stalls service requests by creating unnecessary obstacles which are easily overcome but result in time delays. India does not have the proper court infrastructure to promptly handle service requests and have recently imposed a 4000 Rupee fee. Argentina routinely loses files due to the filing system they utilize. Finally, Russia is Russia – they are signers of the Convention but simply ignore formal requests until pressure is brought to move forward with a specific case.

Afghanistan is a war-torn nation with a legal system that is currently non-functional. Antarctica does not have a court system and service of process there is extremely expensive due to travel costs from other countries, primarily Chile or Argentina.

The United States is a surprise addition to our list and finds itself there due to the manner in which it has contracted out the role of Central Authority to a private company. That company imposes a fee on all incoming services from foreign jurisdictions which causes many nations to reciprocate by imposing their own fees on services coming from the U.S. The irony is that such nations do not charge a fee to other countries.

In summary, certain nations are a challenge when it comes to service of process but 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 www.processnet1.com