How to Pick an International Process Service Method
If you are planning on filing suit on an international matter, understand that proper service of process is critical to your case. If you are not sure which international process service method is right, there are certain factors to consider when determining the best method. Below is some basic information on international process service methods and how to choose the best one for your case.
Factors to Consider
First, consider whether the service of process needs to be done personally or if the defendant is a corporation headquartered in another country.
If an individual need not be personally served, then there is a possibility that service can be effectuated on another appropriate person within the country. For example, if the subject to be served is away from his or her residence for weeks at a time at a location abroad, then you may be able to effectuate valid service on another member of the household.
Second, consider if the possibility of needing to enforce a judgment.
Whether or not judgment needs to be enforced really matters when it is time to actually collect an award. If collecting judgment is not necessary, process of service via an agent may be feasible. This is because this type of service is faster and less expensive than international service by way of letters rogatory or through the Hague Convention. If enforcing judgment is necessary, however, a court may not consider service via a service agent valid. Not surprisingly, doing so can cause significant issues with the case. This is particularly true because letters rogatory and the Hague Convention take a significantly longer amount of time.
Third, consider whether or not the country where service needs to be effectuated is a signatory to the Hague Convention section pertaining to service.
Known as the Service Abroad of Judicial and Extrajudicial Documents (SAJED), this section of the Hague Convention addresses service of process. Whether or not the country is a signatory to the SAJED will directly determine whether or not service can be pursued through those methods. Of note, not all countries who have signed onto the Hague Convention are signatories to the SAJED. Failure to confirm prior to pursuing service of process can result in wasting valuable time preparing documents as well as money serving through the Hague.
International Service of Process Help
If you are still unsure of which service method is right for your particular case, contact Ancillary Legal today.