Dangers of International Service of Process

Serving a defendant in a foreign nation can seem daunting and overwhelming to an attorney who has never had the experience.  It seems cumbersome (and, it is) but many lawyers do not realize the “dangers” they face personally by tackling the task without proper knowledge.

When we speak of the dangers involved in serving a legal document overseas, we could be talking about danger to the process server.  However, the attorney’s greater concern should be about the hazard and peril that will affect him or her if the assignment is not properly carried out.  Even worse, the attorney could cause great jeopardy to their case by attempting to do the service using shortcuts, such as illegal service by mail.

There is no question that process serving in some countries can be dangerous.  Occasionally, death or injury results when a process server serves a party who does not wish to be served.  Such was the case in 2003 when a process server was killed in Saudi Arabia after serving a defendant just across the border in Oman.  However, just as is the case in the U.S., process servers who are properly trained and use good judgment rarely encounter dangerous situations.

It is not uncommon for a process server in certain regions to be accompanied by 2-4 bodyguards when service legal documents.  That is a choice they make based upon their belief that the task may be unsafe or based upon the neighborhood where they are serving.

I have personally served legal documents in 31 countries and have never experienced any dangerous  challenges, except in my own town over 30 years ago.

“…. penalties include both civil and criminal punishments against the attorney, law

firm, plaintiff, and any employee or agent who was involved in the illegal service!”

Now, let us address the issue of attorneys creating a “dangerous” situation for themselves and their client.  The most common mistake that attorneys make when faced with having to serve a defendant in a foreign nation is using shortcuts which are illegal in that country.

Service by mail of documents originating in a foreign jurisdiction is prohibited in most nations – that is their right, just as the U.S. and its states have the right to pass laws related to service of process.  For example, Germany, Japan, Switzerland, Argentina, Czech Republic, South Korea, Norway, China, Turkey …and on and on …prohibit service by mail.  All are signatories to the Hague Service Convention and have filed specific reservations related to such service.  In addition, many nations which are not “Hague” signatories have federal laws which prohibit service by mail or private party.

Here is where the going gets tough for unknowing attorneys who violate the laws of other countries as they relate to service of process.  Nations such as Germany, Japan, China, South Korea and numerous others impose strict sanctions on law firms who violate their laws.  Such penalties include both civil and criminal punishments against the attorney, law firm, plaintiff, and any employee or agent who was involved in the illegal service!

I have had numerous attorneys argue that the laws of the United States and the local court prevail over the requirements in foreign countries.  WRONG!!!  Let me explain in simple terms:  Imagine that a case was filed against your client in a foreign country, let’s say North Korea, and there it is legal for a person to be beaten merely because they are accused of a civil tort.  In this example, there is no doubt that if the law in North Korea permits such action since it is legal there.  Let us fast-forward and the summons from a North Korean court is being served upon a person residing in the U.S.  Is it permissible for the process server to physically beat the defendant on their front porch simply because they are being served with legal documents?  Of course, you know the answer. 

The laws of the jurisdiction where the case originates and the laws of the state of destination must be followed.

So, what strategies can be employed to ensure that an attorney does not go astray from the legal requirements of another country?  Perhaps the strongest recommendation I can offer is to enlist the services of an experienced international service of process specialist, such as those at our firm.  Information and guidance is free and charges are incurred only when a service assignment is made.

It will save hours of research and result in the peace of mind that goes with knowing that you are in good hands. After all, we’ve been doing it for 33 years so we must be doing something right!

Process Serving is a Verb

What I am about to say is something you already knew, but it is presented in a different way for your consideration.

“Process serving” is the procedure employed to give legal notice to a party (such as a defendant) of a court or administrative body's exercise of its jurisdiction over that party so as to enable that party to respond to the proceeding before the court.  “Verb” is derived from the Latin verbum meaning word that  conveys an action (bring, read, walk, run, learn, serve).  Most people understand both. So, why even raise the point that process serving is a verb?

A verb is usually something you DO – not something you think about or intend to do.  Process serving is an act that results in the legal documents actually being delivered to the appropriate party.  That requires action on the part of the process server.

Some process servers procrastinate about the task of completing a service of process.  That results in slow service and can jeopardize a case if deadlines are not met. The process server may cause liability to themselves and their client by delaying the attempts at service.

Here are 3 reasons process servers fail to meet the expectations of their clients:

1.       They do not have a strategy to get their assignments completed.  Too many people in business (and yes, process serving is a business) confuse operations with strategy.  Operational excellence is focused on doing the same things your competitors are doing – only better.  Strategy, on the other hand, is focused on being different than competitors. Process servers who understand the difference and take the steps to ensure that their strategies and operations are in alignment become the leaders in their profession.

2.       They are unwilling to say “no”. Since most process servers have not figured out what makes their business different from the others, they do not know when to say “no” and what to say “no” to. They seek to take in every possible assignment without regard to whether they can complete it correctly, timely, and profitably.  In other words, the money outweighs the ability to get the job done in certain cases.  If they do not have the resources to complete the assignment properly, they will likely have a disgruntled client in the end.

3.       Failure to align daily activities with strategy.   A clear and different strategy means performing different activities. For  example, if you normally spend 3 hours per day reading email, answering personal Facebook notes, and reading the sports page, you may be locked into a pattern that will soon leave you behind your competitors. If, on the other hand, you have a clear strategy of what you wish to accomplish and achieve, you will be forced to alter your activities to be in harmony with your strategy.

Process serving is a vital function of the legal system.  Those who excel are those with a strategy and purpose that is in alignment with the activities that they perform on a daily basis. Process serving is a verb because it requires action combined with a strategic intent.

Nelson Tucker is CEO of ProcessService Network, LLC in the Los Angeles area where his firm has provided legal support services since 1978.  He has authored 3 books on service of process and has personally trained over 1700 process servers and investigators nationwide.  Nelson may be reached by email at processnet@sbcglobal.net or by visiting his website at www.processnet1.com.  He is active with the American Bar Association, Los Angeles County Bar Association, Beverly Hills Bar Association, and the San Fernando Valley Bar Association.

Process Service Offices Around The World

When Nelson Tucker founded Process Service Network in 1978, little did he know that 33 years later his firm would have offices on most continents around the globe.  Such is the case today with the opening of the newest office in Doha, Qatar.

The firm now has its headquarters in Los Angeles with offices in London, Manila, Taipei, Bangkok, Sao Paolo, Mumbai, and Doha. Each is staffed with professional process servers and investigators who understand the laws and regulations of their region.

Law firms may not realize that they will soon be faced with having to serve a defendant in a foreign country.  With a growing global economy and the world shrinking, it is most certain that every attorney will soon have a need for an international process server.

The task can seem daunting and overwhelming since the procedures are often different from those used domestically.  Treaties must be considered and the impact of the method of service on the enforceability of the judgment must be weighed. All legal and procedural factors must be carefully examined in order to choose the best method of service in a particular case. 

That is where the expertise of the international legal specialists at Process Service Network comes in.  They guide the attorney through the process to determine the best outcome in the fastest time and lowest cost possible.

So, whether it is serving a divorce paper in Dubai, a copyright infringement case in China, a personal injury matter in Japan, or a products liability case in Germany, the process is simplified by the experts at Process Service Network.  Having a fully capable staff in the headquarters offices and experts in the regional offices leads to getting the documents served right.

Nelson Tucker is CEO of Process Service Network, LLC  with global headquarters in the Los Angeles area.  His firm has provided legal support services since 1978.  He has personally trained over 1700 process servers nationwide and regularly speaks to legal support professional groups and state Bar Associations.  He may be reached by email at processnet@sbcglobal.net or by visiting his website at www.processnet1.com.  Nelson is active with the American Bar Association, Los Angeles County Bar Association, Beverly Hills Bar Association and the San Fernando Valley Bar Association.

Process Servers Blow It on YouTube®

My stomach churned this morning as I watched every YouTube® video regarding process servers.  I could not believe the incompetence of so many who call themselves a professional in the industry.  It leads me to believe something that I have suspected for many years – too many process servers are inept at performing their duties properly.

I must point out that most of the process servers with whom I have been associated over the past 33 years are skillful, hard-working and knowledgeable. But, when I watch the YouTube® videos, I see nothing but unskilled process servers attempting to complete their assignments.  Some of their mistakes are glaring!

Take a look for yourself at www.YouTube.com and enter “Process Server” as a keyword.  You will see most process servers carrying the documents in their hand in full view. “Why?”, I ask.  Do they not realize that they are giving away their advantage if the defendant looks out the window and sees a stranger standing at their door with papers in hand?

I have come to the conclusion that too many process servers have not thought the process through.  I learned early on in my career that I must consider the following:  What should a process server who is trying to serve me, have to do to be successful?  Putting myself in the shoes of a person being served is an essential step in understanding how to “always get our man!”

Having authored 3 books on service of process, I have put into words almost everything I have learned on the job.  And, yes, most of it is on-the-job training – learning by doing.  But, if you do not learn from your experiences it is almost impossible to achieve a high level of professionalism.

What is the solution?  Newer and inexperienced process servers can learn from those who have many years of experience.  That learning can take place in the form of watching the YouTube® videos and learning from their mistakes, reading materials produced by industry professionals, and belonging to an active trade group or listserve.

Nelson Tucker is the CEO of Process Service Network, LLC in the Los Angeles area.  He has personally trained over 1700 process servers over the past 33 years and has authored 3 books on the subject.  He is a qualified expert witness in service of process. He can be reached at processnet@sbcglobal.net .