Process Server

Part II: Japanese Government Objects to Service by Mail Under the Hague Convention

In our last post, we explained that the Convention on the Service Abroad of Judicial & Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”) is a multilateral treaty adopted on November 15, 1965 by member nations of the Hague Convention on Private International Law (the “Convention”). This Hague Service Convention created unified rules…

Alternative Service of Process: What is it?

Every now and then, process servers experience circumstances in which they cannot serve a defendant in a pending lawsuit. Although non-service can occur, most plaintiffs prefer actual and perfected in-person service. Thankfully, in cases in which a defendant must be served by any means possible, there are alternative services of process available that can be…

International Service of Process: What Lawyers Need to Know

Perhaps one of the less common tasks that an attorney needs to oversee, international service of process can be more complicated than serving a defendant domestically. For this reason, attorneys need to know what this involves and how to ensure international service of process is effectuated properly. Many issues can arise when serving a defendant…

Serving a Defendant in Another State: What to Do?

If you need to serve a defendant out of state, it is important to properly serve legal documents. It is possible that the defendant moved, or you — the party pursuing the legal action — moved. Or maybe the parties have always been in different states. The question to be addressed is how to have…

Georgia’s Five-Day Affidavit of Service Filing Rule Explained

O.C.G.A. 9-11-4(h) provides that a return or affidavit reflecting service on a defendant shall be made and filed within 5 business days of service on the defendant. This causes confusion and concern for litigants who miss that deadline for various reasons such as the sheriff delaying providing the return or the mail delaying the process…

Foreign Service of Process: An Alternative Method

International service of process can be complicated, as there are many laws and regulations that must be complied with to effectuate proper service. A recent decision out of the U.S. District Court for the Southern District of California may provide a way for plaintiffs who are having problems regarding serving foreign defendants, according to JD…

Service of Process During Coronavirus

As the coronavirus pandemic continues to infect people across our nation and our governments try to stop the spread, the legal profession keeps getting pushed into uncharted waters. One legal issue that still remains unclear is how service of process will be affected not just for those trying to serve others, but those parties who…

Staying Positive in Stressful Times

With the recent pandemic, insecurities over the economy and job security and other world events, it’s more important than ever to remain positive, both professionally and personally. It’s easy to read those words but how do you incorporate daily positivity into stressful, sometimes negative environments? Shift Your Energy Roy T. Bennett says in The Light…

Effectuating Service of Process While Social Distancing

It is no secret that the novel Coronavirus pandemic and response has forced businesses, including those in the legal industry, to adapt to regulations regarding physical interaction. Considering the social distancing requirements imposed on the general American public, we will look at how to continue to effectively carry out service of legal process in litigation.…

Hague Service of Process in China

The highest court in the state of California is set to review whether or not a lower court’s decision to reverse a $414 million award granted in arbitration due to improper service was correct. The multi-million dollar award was given to an American partnership but later reversed when the Chinese business entity involved claimed it…