The 3 Toughest Process Services I Ever Made

Most people think of process serving as dangerous, clandestine, and done in an unscrupulous manner as typically depicted in the movies.  In general, nothing could be further from the truth.  It is, if done right, quite easy and non-threatening to both the person being served and the process server.

After 33 years as a process server, I have seen it all.  From serving top celebrities to heads-of-state, I have “enjoyed” some pretty interesting service assignments.  Not all were simple and some were quite dangerous – each of them were rewarding after being completed.

Service of process on celebrities is an interesting procedure since most of them are difficult to serve.  They often have employees and security personnel who shield them from the public.  I have served Michael Jackson, Germaine Jackson, Wolfgang Puck, Eric Estrada (Chips), Brittany Spears, Dean Martin, Jackie Mason, and other lesser-knowns.

Serving celebrities is nothing compared to having to serve a head-of-state or other high profile individual.  I have served, or had served, Muammar Gaddafi, former ruler of Libya, Sheik Issa bin Zayed al Nahyan, brother of the Crown Prince of UAE , Khalia bin Laden, brother of Osama bin Laden, Imelda Marcos, former President of The Philippines.  Some were extremely difficult while others were quite easy.

Tough Service #1:

Of the 3 toughest services I have ever completed, serving the Sheik Issa had the most potential danger.  In 2009, I was contracted to serve the Sheik at his office in Dubai.  I was paid handsomely, including first-class airfare and luxury hotel, to complete the service.  I left Los Angeles on Monday evening and returned home on Friday morning of the same week – a trip around the world in 4 days!

It was an interesting case, to say the least, and involved the alleged murder of a servant of the Sheik which was caught on video.  The Sheik’s assistant misplaced the video and was thought to have sold it or concealed it for future use against the Sheik.  He was imprisoned, tortured, and eventually escaped using his contacts within the government.  He made his way back to the U.S. and filed a civil suit against the Sheik for 4 billion dollars.  The lawsuit had to be served and I was fortunate, or maybe not so, to receive the assignment.

I was given the business address of the Sheik, and after a good night sleep in Dubai, I took a taxi to the address which was located in one of the numerous high-rise office buildings along Sheik Zayed Road.  My driver waited out front while I went inside to make the service.  The only problem was the Sheik had moved his office.  Later in the day I found the new address and took a second taxi to the location.  Unfortunately, my driver would not wait and left me there to fend for myself in getting back to the hotel.

I knew that the Sheik’s newest project was building a new city-within-a-city in Dubai.  It was to include residential units, stores and office buildings – a self-contained city.  When I went inside the offices, I observed a model of the proposed city and pretended to be intently interested.  A pleasant male employee came over to greet me and asked if he could assist.  I said, without hesitation, “Yes, I’m here to see Sheik Issa.” The worst possible reply was immediate, “I’m sorry but the Sheik is out of town and will not return until early next week. Did you have an appointment?”  My heart dropped! My flight back to the states was scheduled for that evening and I could not wait until some unknown date without an assurance that I would actually be able to meet with the Sheik.  I made an instant decision to complete the assignment by substituted service.

I was invited into a private office where the employee, the Sheik’s assistant, gave me his business card.  We discussed the pending urban development project and I found the right time to change the subject and advise him that, although I was there to investigate the possibility of opening a business in the complex, I had also been given legal documents directed to the Sheik.  He politely accepted them, looked them over and returned to the subject of future business involving the commercial project.  After our discussions concluded, I left and walked down the street in desperate search of a taxi.  Several sped by, most were empty, and I became increasingly concerned that employees of the Sheik would come out of the building and do who knows what.  Even worse was the sudden fear of government officials being called to arrest me.  After several minutes of anxiety, a taxi stopped and took me back to the hotel.

There were no incidents following the service although when I arrived at the airport, I was concerned that somehow my identity had been discovered and that I may not make it out of the country.  I arrived home just 4 short days after beginning the trip and all ended well – except the civil suit was eventually dismissed.  I had done my job.

Less than a month later, an article appeared in the New York Times describing the case and the attorney for the plaintiff, who had hired me, said “Tucker has balls of steel.”  I took that as a compliment.

Tough Service #2:

Brothers Michael and Jermaine Jackson were being served with a civil lawsuit.  Another process server had tried on numerous occasions to serve them and even used a stake-out for several days – all with no success.  I was eventually hired based on a recommendation from one of my clients.

I had served Germaine previously in a divorce case and knew that I could sub-serve his agent.  However, my client insisted on personal service so I quoted a rate accordingly.  During the afternoon and evening hours, it was common for one of two limousines to leave and return to the gated house.  The problem was you could not see through the tinted glass to know who was inside.

When all else failed, I went to the neighbor next door and showed my badge and advised that I was attempting service on the Jackson brothers.  The neighbor did not get along well with the Jacksons due to the late night noise at the residence that often caused problems.  She gave me details as to which vehicle was used by each brother and the days and times they typically left the compound.

I waited outside the gate and when it opened, I immediately walked inside the compound and approached the driver of the limo with my badge out.  He rolled down the window and I advised him that I had legal documents for Michael and Jermaine. He motioned for me to go towards the rear of the car and when the window came down, there were both of the brothers.  Jermaine took the documents but Michael kept looking away through the passenger side window. There was no question as to who the world-famous celebrity was!

Tough Service #3:

In the early 2000’s, Britney Spears was a hot entertainer.  She lived in a gated complex in the Hollywood Hills with no intercom at the entrance.  She, too, used a limo to leave and return to the house.

I went to her website and found that she was scheduled to perform at a free mid-day concert at the Nokia Theater in Hollywood. I arrived 2 hours before and security was tight. I maintained a low profile, waiting for the opportunity to catch her as she was coming to the stage.  It soon became evident that service would not be possible with so much law enforcement and private security present.

Using my best judgment and assessment of the situation, I developed a plan. I waiting until just before she was coming to the stage and paid a young man $20.00 to advise the security chief that a man on the other side of the crowd was planning on serving Britney with legal documents when she came on-stage.  All of the security personnel quickly rushed to that area and I was free to hand her the service documents when she came through the walkway….and, I did!  She smiled as she thought she was signing an autograph as I told her what the documents actually were.  Job done!

Process serving is always interesting, but rarely dangerous, if you know how to think on your feet and outsmart the person you are serving.

Why International Process Service Is So Expensive

People ask me all of the time, “Why is international service of process so expensive?”  My answer is simple although it does not resonate well with some attorneys and paralegals. 

Process serving is more expensive in most countries than locally because of 1) security issues, 2) cost of living in the foreign nation, 3)  scarcity of qualified process servers in some areas, 4) currency exchange, 5) fuel costs, 6) travel time, 7) number of attempts required to complete service, 8) expertise of the U.S. firm which is handling the service, 9) belief by foreign process servers that U.S. attorneys can afford to pay more, 10) bank transfer costs to pay foreign process servers, and 11) bribes that are often required in order to obtain permission to perform the service.  Please allow me to explain each reason:

1.       Although the bribery issue may be the most shocking, the primary cause of high costs is security issues associated with serving legal documents in many nations.  For example, it is customary for a process server in other countries to have 2-4 bodyguards with him while making the service. That extra security is not related to actually serving the documents, but rather, to issues such as kidnapping, mugging, and attack by street people.  If you calculate the costs of two to four additional people involved in the service, you quickly see that the costs can be staggering.  Process servers are subjected to threats that are unheard of in most areas of North America and they must take additional precautions to insure their safety.

2.       The cost of living and prevailing rates charged by process servers in many areas of the world explain high costs.  Hong Kong, Singapore and Paris are good examples of cities having an extreme cost of living and process service fees are proportionally higher than in such places as Dublin, Vancouver or Cancun.

3.       Because process serving is not a common task in many countries due to their legal system, there are often no qualified process servers to perform the assignment.  When Process Service Network began serving in foreign countries, we developed a team of private process servers, private investigators, and off-duty law enforcement officers to handle the tasks.  Often, we had to train the person in order to have a qualified agent to handle services. Now, we offer the #1 training program in the world through our own Process Service University. Costs are affected by currency exchange rates in such areas as Europe, especially the UK where the Sterling Pound is strong against the Dollar.  A service that would normally cost $100 in the U.S. would be $200 in the UK, assuming all other factors were equal.

4.       Fuel costs are seriously higher in almost every area of the world compared to the states. In most of Europe gas is over $6.00 per gallon while in Taiwan is often reaches $8.00 per gallon.

5.       Travel time is a major factor in international service of process as it is common for drive time to be several hours to get from one side of a major city to the other.  If you have ever visited Manila, Mexico City, Tokyo, Taipei, Beijing, Paris or Rome you understand.  Service in outlying areas where there are no process servers often require overnight stays and multiple attempts, thus increasing the cost.

6.       Process servers are contracted for completing a service rather than simply making attempts.  Therefore, they set their fees to accommodate having to make numerous attempts at service.  For example, it is common for 10 or more attempts at service be made prior to completing the service.  Since the foreign process server must pay his/her own expenses, their quoted rates are high due to anticipated trips.

7.       Just as an attorney is entitled to significant hourly rates based on their expertise, companies which specialize in international service of process have specific expertise that command a fair market rate.  Fortunately, process service firms charge a flat rate for the case, not by the hour.

8.       There is a perception among foreign process servers that all U.S. attorneys are rich….too much television.  That opinion leads them to believe that they can gouge American law firms.  In reality, U.S. attorneys face the same fiscal constraints as those in any other country.  Educating the overseas process server is the job of a reputable company that facilitates international service of process on behalf of their clients.

9.       Bank wire fees, and sometimes, Western Union fees lead to increased costs.  Since many foreign process servers require payment, in advance, it is usually necessary to make payment by bank transfer or other methods prior to making the assignment.

10.   The final cost that creates higher rates is the money that must be paid for bribes to get permission from local officials to serve legal documents.  Bribes are a reality and are quite common in most regions of the world – it’s the way things get done.  Process servers are forced to pay “fees” to government officials in order to get law enforcement cooperation and even, in some cases, to avoid prosecution for not paying the bribe.

In summary, things work differently in most parts of the world than in North America.  You may not fully understand that until you visit certain regions and experience the hidden costs that are often associated with conducting business.

The solution to avoiding unknown hidden costs is to employ the services of a reputable process service firm that specializes in international service.  They understand the ins-and-outs of the business and know how to circumvent many of the concealed costs.

For answers to questions you may have about this article, please contact Nelson Tucker, CEO of Process Service Network, LLC, by email at processnet@sbcglobal.net, phone at 1-800-417-7623, or visit the website at www.processnet1.com.

The Biggest Mistake Attorneys & Paralegals Make!

(when it comes to International service of process)

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.

[So, what is the most common mistake that legal professionals make?  It is getting the wrong information from unreliable sources. ]

Times have changed and as the world shrinks and the global economy expands, the need for international process service has multiplied in recent years.  Attorneys in every discipline have had, or soon will have, the prospect of serving a defendant or witness in a foreign country.  When that occasion arises, get ready for the possibility of some serious errors that will delay the case, or worse, cause it to be dismissed! 

So, what is the most common mistake that legal professionals make?  It is getting the wrong information from unreliable sources.  Those untrustworthy sources include (believe it, or not) the U.S. Department of State, online postings, and process servers who are not qualified to answer questions about international service of process.  Please allow me to address each of those without seeming self-serving. 

The State Department is, to say the least, a bureaucracy filled with employees who have limited knowledge of issues outside their own narrow expertise.  If you do not believe that, just try communicating with the department on a specific issue.  Now, do not get me wrong, there are some extremely capable people there who are hidden away from public contact. They understand the ins-and- outs of international service issues – I know because I supply updates to them on specific changes in foreign countries as they become available to me through personal knowledge or my contact abroad.  The State Department’s website is often outdated and occasionally has erroneous information that is construed by an unknowing eye as fact. 

The second problem area faced by legal professionals is online postings by individuals, organizations, groups and corporations.  For example, a Google search for “Service of Process International” will provide you with websites on the first page (we are usually there, as well) that have inaccurate, misleading, and false information.  Blogs are full of information which, if followed, could result in civil and criminal prosecution against the attorney who arranges for the service.  That topic was handled in my blog in October 2011.  Bad information leads to bad results.  Be careful! 

The final category of misinformation comes from process servers who are not qualified to answer questions or provide guidance on international service issues.  Always ask the process service firm two questions: 1) “How long have you been in business?” and 2) “How long have you specialized in international service of process?”  Ask for proof of both in order to insure that you are dealing with a reputable and qualified firm.

In summary, call us and ask those questions, You'll be glad you did!

Taking the Mystery Out of Letters Rogatory

“Letters Rogatory – what the heck is that?” people often ask. Dictionaries describe it as (ro·ga·to·ry) adj. Law - requesting information. A Letter Rogatory or Letter of Request is a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by Letters Rogatory are service of process and taking of evidence. It comes from Latin meaning “to ask.”  Simple enough - But, why is it such a mystery?

Letters Rogatory are typically used when there is no treaty in effect between the two countries and enforcement of a judgment will be required.

The definition makes perfect sense – it’s the practical application that is the challenge.  Almost every country has different wording requirements, formatting rules, and idiosyncrasies that make you want to scream when filling out the forms.  No need for frustration – there are international service experts who can handle the task in a flash.

To begin, a case must have already been filed with the court of proper jurisdiction.  The next step is to prepare the Letters Rogatory (or Request for Judicial Assistance) in a civil case and Letter of Request in a criminal case.  It takes a thorough knowledge of the rules of the court of destination to prepare the document properly. Otherwise, the service will be rejected and returned un-served.

The Letters are then submitted to the court of jurisdiction for signatures of both the Clerk of the Court and the Judge.  Many Judges are reluctant to sign the formal request if they have not previously had the honor of such experience.  There are clauses that deal with reciprocity for costs (Judges do not like to obligate their court to unknown costs), manner of service, and mutuality of services.  Judges often hand write changes on the documents to meet their own wishes – no, no, Your Honor!  He/she just invalidated the request in most countries.

So, how do you convince a Judge that they must do it “your way?”  Cite the law and foreign requirements like you would do with anything you do before a Judge.  There are wording techniques in the preparation of the Letters that prevent Judges from making inappropriate changes.  An experienced expert will know the “tricks of the trade.”

After the Letters are signed by both the Clerk of the Court and the Judge, they are returned to the requesting attorney for processing.  Originals must always be used when submitting to the foreign court along with the proper number of service copies.  In addition, a cover letter must accompany the request which contains specific wording.  Oh, did I mention that all documents must be translated into the official language of the country of destination?

The properly prepared packet is forwarded to the U.S. Department of State for processing.  There is an Embassy fee of $2275.00, in addition to the service of process fees.  The State Department plays with it for a couple of months and the documents are eventually sent through diplomatic channels to the proper court in the foreign nation where the documents are to be served.

The service is assigned to a local court which does who-knows-what and then they assign it to a law enforcement official who serves the papers.

After service, the process goes back through the system, in reverse, until the proof of service ends up in the court file where the case originated. Neither the foreign court nor the State Department notifies the requesting attorney that it has been served. Strange, huh?

It is commonly stated that the Letters Rogatory process takes over one year to complete.  Au contraire! It normally takes only 7-10 months.  Feel better?  There are cases, however, that take up to two years due to the bureaucracy and protectionism of assets in some countries.

So, what is the solution to the Letters Rogatory dilemma?  Simple:  Hire an international service of process professional who understands the challenges an attorney may face and who has the resources to get the job done right.

Nelson Tucker is the CEO of Process Service Network, LLC, in the Los Angeles area.  His firm specializes in international and hard-to-serve cases and has completed over 16,000 Letters Rogatory services in the past 33 years.  You may contact him at via email at processnet@sbcglobal.net or at www.processnet1.com for a free consultation.

*****

Make sure to bookmark this article for future reference.

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.

How U.S. Military Presence in the Middle East Affects Civil Process Service

Yes, that is quite an unusual topic and it has some interesting connections. Please allow me to explain.

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:

1. Support each country’s reform efforts and allow them to move at their own pace;
2. Support economic reform;
3. Support renewed political peace;
4. 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

Problems with Service of Legal Documents in Mexico

[This article is a follow-up to my numerous posts regarding the manner in which the government of Mexico treats legal cases originating in the United States and being served upon Mexican entities.]

To say the least, the government of Mexico has stooped to new levels in protecting its citizens and business entities against lawsuits from outside the country.

The Hague Service Convention is the current treaty, that was ratified by Mexico, which provides the transmittal of legal documents from one country to another. All signatory nations of the Convention are obliged to abide by the terms of the treaty. However, Mexico has become a maverick nation when it comes to such service and has placed every conceivable roadblock in the way of service of process there.

In the past, Mexico followed the provisions of the Convention without problem. However, within the past year the judicial authorities in Mexico have created some interesting obstacles, such as adding new requirements to the transmittal of service request documents, requiring unnecessary translation of specific forms, and requiring additional wording on judicial requests, which are in direct violation of the treaty. The U.S. Department of State has filed objections but they are currently being ignored by the Mexican authorities.

[“Mexico has the audacity to require that legal documents filed in U.S. courts . . . must adhere to stricter standards than documents coming from other countries.”]

Mexico has the audacity to require that legal documents filed in U.S. courts which are being served on Mexican corporate and individual defendants must adhere to stricter standards than documents coming from other countries. It can be speculated that the reasons include 1) retaliation for the U.S. tightening the border with Mexico, 2) an attempt to gain trade and criminal prosecution concessions from the U.S., 3) attempting to “flex its muscle” against the U.S., and 4) a desire to protect the assets of its citizens and business entities against U.S.-based lawsuits.

Specifically, Mexico now requires that the summons of any civil case originating in the United States must state that the period granted to the defendant to answer the complaint be computed using calendar days. The wording must be specific. Secondly, they recently instituted a requirement that the law which governs service of the documents must be provided, in full, as part of the pleadings. Lastly, they now require that only the court of U.S. jurisdiction be named as the “requesting party” or “applicant.” Mexico is the only Hague Service Convention signatory to impose such a requirement AND it is only imposed on U.S.-based cases.

The most recent tactic is for the Central Authority to reject the service by simply stating “The local court did not execute the service, as requested” with no explanation as to the reason. That requires a further follow-up by the attorney of record and results in additional delays.

The staff of Process Service Network maintains a diligent, watchful eye on the Central Authority of Mexico and takes the necessary steps to stay abreast of their changes by quickly conforming to their newly-adopted requirements. For example: recently, Mexico required that the specific law that governs service in the court of jurisdiction be cited on the Request for Service Abroad, a practice which Hague authorities in The Netherlands says is not only not a requirement of the Convention, but also exceeds the parameters of the adopted form for use in judicial matters between Hague nations.

What’s the solution for law firms who file suit against Mexican entities? Rather than submitting the required Hague forms (as in the past), and risking a rejection of the service (which is almost guaranteed to happen), finding a knowledgeable international process service firm is a must. Firms such as Process Service Network can avoid any unnecessary delays by submitting properly prepared documents that conform to the current, yet unfair, practices of the government of Mexico.

Process Service Network can be found at www.processnet1.com or email at processnet@sbcglobal.net or call to 800-417-7623.

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/

How Facebook and Social Media Are Affecting Service of Process

Facebook, Twitter, LinkedIn, Google Buzz, MySpace and blogging platforms like Blogger.com and WordPress.com have emerged on the social networking scene with rapid growth and significance. As more and more people seek to make themselves, and their personal lives, known to all who have an interest there is also the issue of lack of privacy.

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

International Service of Process: Why Every Attorney Should Beware

by Nelson Tucker, CEO, Process Service Network

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

Judicial Assistance Turmoil in Mexico

To say the least, the government of Mexico has stooped to new levels in protecting its citizens and business entities against lawsuits from outside the country.

The Hague Service Convention is the current treaty that was ratified by Mexico which provides the transmittal of legal documents from one country to another. All signatory nations of the Convention are obliged to abide by the terms of the treaty. However, Mexico has become a maverick nation when it comes to such service and has placed every conceivable roadblock in the way of service of process there.

In the past, Mexico followed the provisions of the Convention without problem. However, within the past year the judicial authorities in Mexico have created some interesting obstacles, such as adding new requirements to the transmittal of service request documents, requiring unnecessary translation of specific forms, and requiring additional wording on judicial requests, which are in direct violation of the treaty. The U.S. Department of State has filed objections but they are currently being ignored by the Mexican authorities.

The staff of Process Service Network maintains a diligent, watchful eye on the Central Authority of Mexico and takes the necessary steps to stay abreast of their changes by quickly conforming to their newly-adopted requirements. For example: recently, Mexico required that the specific law that governs service in the court of jurisdiction be cited on the Request for Service Abroad, a practice which Hague authorities in The Netherlands says is not only not a requirement of the Convention, but also exceeds the parameters of the adopted form for use in judicial matters between Hague nations.

What’s the solution for law firms who file suit against Mexican entities? Rather than submitting the required Hague forms (as in the past), and risking a rejection of the service (which is almost guaranteed to happen), finding a knowledgeable international process service firm is a must. Firms such as Process Service Network can avoid any unnecessary delays by submitting properly prepared documents that conform to the current, yet unfair, practices of the government of Mexico.

Process Service Network can be found at http://www.processnet1.com/ or email at processnet@sbcglobal.net .

Why Attorneys Don’t Get It

(when it comes to international service of process)

I have the highest respect for attorneys, barristers and solicitors because of their expertise, dedication to their profession, and their ongoing education. However, the fact is that most attorneys do not seem to understand that cases involving out-of-country defendants require an understanding beyond the ordinary. Normal expectations of service completion within a short period of time are blown to the wind when service is to be performed outside the attorney’s own region.

Here are some issues to be considered when serving legal documents outside of the United State and Canada:

Legal system
Of course, not every country operates their legal system as we do in North America. Many do not use case law (precedent) and do not have clearly defined statutory law. Some nations have a system that is completely “foreign” to ours, such as Shari’a law in Islamic countries. Shari’a deals with many topics addressed by secular law, including crime, politics, economics, and personal matters such as sexuality, hygiene, diet, prayer, and fasting. Where it enjoys official status, Shari’a is applied by Islamic judges, not elected or appointed civil judges. Imagine trying to impose Western law on a nation where Shari’a is the official legal system.

Customs and practices
It is important to understand that corruption and bribery are a normal way of doing business within the legal systems of some countries. Among those countries and regions that stand out are Mexico, the Philippines, Eastern Europe, Russia, certain Mid-East nations and Africa. Often times a process server must obtain “permission” from local officials before serving legal documents. Such permission includes a “payoff” in exchange for the right to serve legal process.

Time Frame
Let’s face it; we are spoiled in North America with quick turnaround on service of process assignments. A local service may be completed in a day, or so, while service in another state may be just a few days. However, all of that changes with service outside the region. Factors such as slow work habits (the “Mañana” syndrome) in other nations, resentment of the “Ugly American,” or indifference lead to unforeseen and unavoidable delays in completing service assignments. While the service itself may be completed within a reasonably short time, return of the affidavit of service is often the longest delay.

Communication
In our modern world, we expect instant communication from those with whom we associate by use of email, cell phone, telephone, Facebook, etc. However, the vast majority of the world does not have access to such contemporary tools or do not readily have them at their fingertips. For example, a process server in Madagascar may only check her email once every two weeks or one in Cambodia may not be able to receive incoming phone calls. Compound that with global time changes in more sophisticated nations and it is easy to understand why fast communication is not always possible.

Treaties
The United States is a signatory to several treaties which govern service of process issues between nations. Once the documents are forwarded to the Central Authority of another country most, if not all, of the ability to obtain a status is lost. Under the Hague Service Convention, for example, the courts and/or authority in the foreign nation will not respond to requests for status unless an agent appears, in person, to request an update. That process may take days, or weeks, and still does not lead to an acceleration of the completion of the service.

None of this is intended to be an excuse for delays in service of process outside the country of jurisdiction. Rather, it is a “heads up” that each of the above-mentioned factors must be understood by attorneys prior to arranging for service of process abroad. Keeping court deadlines and statutes in mind, it is crucial to allow proper time for completion of service of process outside of the court’s jurisdiction.

Nelson Tucker is CEO of Process Service Network LLC, based in the Los Angeles area. His firm facilitates process service and legal support services in 127 nations. They have served the legal profession since 1978 and can be found at http://www.processnet1.com/ and contacted via processnet@sbcglobal.net.

Dealing with Difficult Nations: Legal Cases Outside the U.S.

The laws related to service of process differ in every country, just as they differ in many jurisdictions within the United States. The secret is to understand the laws and regulations in the country where the service is to be performed. That is a function of the process service firm that handles your service abroad.

Service of process in some countries is extremely difficult due to conflicts between nations, perceived unfair laws, and customs within the foreign nation.

Perhaps the most egregious nation currently is Mexico. Their government has imposed unfair requirements on cases originating in the United States being served upon Mexican entities. Such restrictions do not apply to other nations and are apparently imposed to protect their citizens and corporations while being used as a tool to gain concessions from the U.S. government.

Cuba and North Korea are other countries that do not look favorably on lawsuits originating in the U.S. to be served upon their citizens. Their governments do not have treaties with the United States and do not allow for service by their own citizens who may act as a private process server. In Cuba, it is common to arrange for a process server from Mexico to enter the country to serve legal documents that originate in the U.S. However, North Korea strictly prohibits service of U.S.-based legal actions within their territorial limits. Violators are subject to prosecution which may result in death.

Saudi Arabia and some of its neighbors have a history of being “unfriendly” to process servers within their borders. In 2003, a process server was killed while serving legal documents for Process Service Network. See page 142 of the following link: Process Server Killed In Saudi Arabia

While the profession of process serving is often dangerous, by nature, experience process servers take the necessary steps to avoid problems while serving in foreign nations. In most countries outside North America and Western Europe, a process server is typically accompanied by two, or more, body guards which leads to higher costs for service.

No matter which country a service is to be made, consult with a reputable international process server for guidance as to applicable laws in the country where service is being contemplated. They will keep the attorney, and their client, out of potential liability.

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/