Tuesday, October 29, 2013
Serving Legal Documents on Celebrities
Thursday, August 8, 2013
Why Your Process Server May Be Letting You Down
Tuesday, January 3, 2012
The 3 Toughest Process Services I Ever Made
Friday, December 16, 2011
Why International Process Service Is So Expensive
Monday, December 5, 2011
The Biggest Mistake Attorneys & Paralegals Make!
That’s a pretty provocative headline – attorneys and paralegals don’t make mistakes, do they? In the case of international service of process, mistakes are the norm but can be easily avoided.
Law schools forgot to teach about serving civil process on defendants out of the country so it’s not the lawyer’s fault that they do not have the expertise when it comes to such service. Paralegals, too, were not taught about a topic that may seem innocuous since, until recently, there was not much demand for such knowledge.
In summary, call us and ask those questions, You'll be glad you did!
Friday, October 28, 2011
Process Serving in the 21st Century
A brief look at the history of process serving tells us that the service of a Summons originated in England, where the court would order the Sheriff to arrest the defendant and bring him into court to answer the allegations. This was an obvious hardship on defendants, especially when plaintiffs failed to prove their case.
Monday, October 3, 2011
Patent Law Changes Good for American Lawyers
Friday, September 30, 2011
Dangers of International Service of Process
Friday, August 26, 2011
How U.S. Military Presence in the Middle East Affects Civil Process Service
I had the pleasure to discuss Middle East issues in a candid meeting with General James Mattis, Commander of the U.S. Central Command. Gen. Mattis took responsibility for this crucial assignment from General David Petraeus in August 2010.
After hearing from the General, I applied some of his messaging to current situations in nations where service of process is challenging, at times, and extremely difficult on a regular basis. It should be pointed out that his focus was on military, political and economic topics and not on civil litigation issues.
Here is his summary of the current situation in specific countries along with my appraisal of the result upon cross-border civil litigation:
- Egypt: “The government is in disarray and could go either way.” If Sharia law is imposed, the legal system could be dramatically altered and cooperation between Egyptian courts and other signatories to the Hague Service Convention could be jeopardized.
- Syria: “If Assad goes, it will be the biggest hit to Iran.” With looming sanctions against Syria pending by Europe and the U.S., judicial cooperation in civil matters may be stalled.
- Iran: “Iran's fingerprints are everywhere. They now financially support states who they view as enemies against the West.” Service of process, in Iran, is not an authorized function by the government since they view foreign litigation as an infringement upon their sovereignty.
- Lebanon: “There are close ties to Iran.” Lebanon currently cooperates in civil legal matters from outside the country. However, that could change if Lebanon adopts a total conversion to Sharia law.
- Iraq: “If the military becomes Iranian-backed after our departure, that will create the most dangerous force.” Currently, service of process is handled by civilians without government participation. If the government falters after Allied troops leave, so will the ability to serve legal process
General Mattis made a formal presentation to the Los Angeles World Affairs Council in which he stated four major objectives in U.S. military policy in the region:
- Support each country’s reform efforts and allow them to move at their own pace;
- Support economic reform;
- Support renewed political peace;
- Support regulated security in combatting terrorism.
I was extremely impressed with General Mattis’ candor and his insight into the military, political and economic situations in each country in the Middle East. His expertise and insight have greatly benefited in the fight against terrorism.
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
Friday, May 6, 2011
How Lawyers Violate the Law in Foreign Service
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/
Wednesday, May 4, 2011
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/
Wednesday, April 27, 2011
How Facebook and Social Media Are Affecting Service of Process
This situation makes it easier for process servers and investigators to find people who they are trying to serve with legal documents. For example, I recently had accepted a service for a defendant. The client, however, did not have the defendant's address. I conducted a search for the defendant utilizing my subscription-based, people-locator service. The results of that search yielded nothing in the defendant's name. Had this situation occurred five years ago, I might have been stumped.
Today, however, we live in "social media" world; a world where, it seems, just about everybody is on-line and sharing everything from their latest trip to the coffeehouse, to what they watched on TV the night before.
I began a search for the defendant on all of the prominent social media networks and found loads of personal data on Facebook, LinkedIn and Twitter. It was fairly easy to match her name, and contact information via the social media networks.
Still, the missing bit of information was her address. So, I sent her a message using the personal interests she listed, and after several exchanges, she revealed that she was an insurance agent. I then searched the public records and found her business address. She was personally served the next morning.
This brings me back to how the rise of social media sites are affecting the service of process in the world today.
As more and more social media sites arise, and as more and more people log-in, follow, and "friend" each other on these sites, the opportunity to find people who may otherwise be “laying low” will increase. With Facebook now boasting 500 million users, and Twitter hovering around 190 million users (to cite but two social media sites), and the vast majority of the users rarely thinking about privacy issues, it does not look like the masses will curtail their appetite to make their personal likes and interests known to the world; at least not until such time as there is a reversal in the outlook towards, and interest in, social media.
All current social media growth indicators suggest that is not likely in the foreseeable future.
Process Service Network, a legal support firm in the Los Angeles, CA area, has developed a worldwide network of process servers and private investigators. They have been international service of process specialists since 1978 and have handled over 1 million cases since that time.
Process Service Network can be found at http://www.processnet1.com/ or email at processnet@sbcglobal.net
Monday, April 25, 2011
International Service of Process: Why Every Attorney Should Beware
Not only did law school minimize the importance of the laws related to service of process, but they did not even mention international service.
Now, with the world shrinking and the global economy expanding, litigation between parties in the United States and foreign countries is increasing at a substantial rate annually. No doubt, within a short period of time, most U.S. attorneys will be faced with having a foreign defendant served with legal documents. What do you do, then?
Most international disputes arise from such areas as personal injury, trademark and patent infringement, products liability, family law, collections, and real estate matters.
International service of process seems to be a maze until you discover that certain treaties and local laws may apply. The most widely used treaty is the “Hague Service Convention” which outlines the methods of service in a specific country. Another “formal” method of international service is by Letters Rogatory, a cumbersome, expensive and time-consuming method that should be used only as a last resort.
["...in most instances, state law does not apply to service outside the United States…"]
Understanding the procedures for compliance with applicable treaties and local laws will avoid civil and criminal penalties against the attorney and client who violate the law, albeit unknowingly. In most instances, state law does not apply to service outside the United States, so it is essential that the process begin with a complete understanding of the laws of the country involved.
Some nations, such as Germany, Japan, Switzerland, Korea, Argentina and Italy currently outlaw service by private party. Others such as Taiwan, Australia, The Philippines, and Saudi Arabia do not have treaties in force and allow service by an “informal” method, such as by private process server.
Many nations require the court documents to be translated into the official language of that country, while others accept an English version. Translation costs can often exceed the fee for service so it is vital to consult with us prior to filing the case, if possible.
The greatest challenge for most international services is meeting court-established deadlines. An extension of time for completion of service can normally be obtained by providing the court with a proper declaration from the process server.
Although few private process servers understand the rules related to international service, we specialize in serving the needs of clients in foreign markets where the maze is simplified.
Five Things to Consider with International Service of Process:
1. If you plan to enforce the judgment in the foreign country, “formal” service is recommended
2. Only use an experienced and qualified process service company who understands the barriers to service and who can overcome them
3. Allow sufficient time for completion of service as work habits and customs in other nations typically cause delays that we do not experience
4. Price is important but the successful completion of the service in the foreign nation is the ultimate goal
5. Utilize the expertise of an international service of process specialist like us. Feel free to email processnet@sbcglobal.net or call with your questions to 800-417-7623.
Click on www.processnet1.com/internat.htm for specific country