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.

Process Serving in the 21st Century

If you own a process service firm, this is not your grandfather’s business!  The good ‘ole days of banging on doors and slapping defendants in the chest with service papers, as portrayed in the movies, are gone – thankfully, forever.

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.               

The courts eventually relaxed this harsh procedure and simply ordered that the Sheriff deliver a Summons to the defendant, which required him to appear in court. The defendant was, therefore, "summoned" to court. 

In the United States, process serving was originally a function that was performed by the local Constable or Sheriff. They were an authority figure with the full power of the law. Even today, in some areas of the United States, only government officials may serve legal documents.               

Eventually, private process servers were permitted to serve legal documents. They were required to be of "highest moral character" with unimpeachable ethical standards. As a way of proving that service had been completed, they were required to bring back a piece of the defendant's clothing.               

Later, a written document entitled "Proof of Service" or Affidavit of Service was developed to indicate who was served and the method of service.               

No one has been able to clearly define when the first “private” process service began. By the 1950's, a few were in business, primarily in the largest cities. Today, they are everywhere. 

So, what methods for service exist today that were not available in the early days?  For starters, private process servers (those authorized by state laws) have more authority and are allowed more discretion than in the past. For example, in California, Registered Process Servers are allowed to enter guard-gated communities for the purpose of serving documents and they are allowed to trespass on private property while in the act of serving.  In all states, process servers are allowed to use ruses to complete a service, as long as it does not violate the law. 

Most highly competent process servers today utilize search tools which can save them time and money.  Prior to attempting service, Google Earth is a great (free) research tool to determine whether a service address is a residence or business location.  Obviously, if it is a business, an evening attempt would be a waste of time.  It also gives an indication, in advance, of the type of neighborhood. 

There are some very effect tools available to process servers to assist in locating a defendant’s address.  My favorites are TLO and Merlin Data, but there are many others that are excellent.  Avoid public access websites that charge for a public records search which are often full of outdated and confusing information. 

Some innovative techniques utilized by experienced servers include “notices” which are left on the door of a defendant who is evading service.  The notice advises as to what actions will result if they do not contact the process server to arrange for acceptance of the service. Adverse actions may include service at their place of employment, stake-out of their home, investigation costs to locate them, and other expenses which may be added to the judgment.  It makes it clear that it is in the best interest of the defendant to accept service rather than delay the inevitable which will add financial liability to the case against them. 

Social media is a tool that is often overlooked.  With the advent of Facebook, LinkedIn, Twitter and many others, it is becoming easier to find a defendant whose address or whereabouts is unknown. It requires that a process server set up a dummy account with these websites that allows for communication with people without disclosing the identity or occupation of the process server.  It is amazing how much information defendants will disclose to a total stranger on social networks. 

Networking with other process servers and investigators is a way to expand your process service business.  I regularly consult with newer process servers and private investigators who tell me right away the area they cover and where they will not go.  I typically give them a long, hard stare and ask the magical question, “Why?”  In other words, why do they limit themselves to a local area, or why do they not do stake-outs, or why do they not serve some types of documents?  The answer is always the same: “I’ve never done it that way.”  If you do not offer a complete package that every attorney would need which is related to service of process, you are selling yourself short.  The solution?  Partner with other qualified legal support professionals who perform a service that you do not offer or who cover an area beyond your own.  It’s called networking! 

Marketing your process service business takes skill and professionalism.  You may be able to do it yourself or find that professional help will allow you to concentrate on what you do best.  Yellow page advertising is a thing of the past; internet marketing of your services is vital to your success in the 21^st Century.  There are some excellent books in print on marketing your process service and investigation services in today’s marketplace.

So, bringing it all together, how does a process server find the innovations and new tools needed to be successful?  One of the ways is to visit www.processnet1.com and see the books available or to see what is available at www.pimall.com.

Process Service University was formed to help both new and experienced process servers and private investigators to learn new “tricks of the trade.”  Every aspect of the service of process profession is covered in a flexible learning environment.  Details can be found at www.ProcessServiceUniversity.com

Process serving is an old profession with many new ways to get the job done easier, faster and more profitable.

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