Tag Archive for: service of process

Serving a Defendant Abroad? Three Common International Service Problems

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Issues with international service of process can cause significant headaches for the plaintiff trying to pursue a lawsuit against an overseas defendant. International service of process is particularly important when it comes to collecting a judgment issued by a domestic court against a foreign defendant. Below are the three biggest issues that come up when…

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Service of Process at the Vatican City

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The Catholic Church has had several lawsuits filed against it around the world by victims of alleged sexual abuse by the clergy. Attorneys representing survivors have filed claims against the Vatican and argue that the Holy See has benefited from the support of archbishops, parishioners, and others who knew of the abuse and yet actively…

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Head of Catholic Church Calls for End to Anti-LGBTQ+ Laws

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Pope Francis recently criticized laws as unjust that make homosexuality criminal, according to a recent report by The Guardian. The head of the Holy See further noted that God loves all people as they are and called on Catholic bishops to welcome LGBTQ+ into their churches. The Pope acknowledged that some Catholic bishops around the…

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Hague Convention Guides Germany’s Amendments on Pre-Trial Discovery

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Germany Stops Prohibiting Pre-Trial Discovery Under Hague Convention It is no secret that when it comes to international law, judicial power ends at the country’s borders. As a result, courts need help from foreign courts when a party is seeking discovery outside of its jurisdiction. German courts used to flat-out refuse to execute a pre-trial…

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International Service by Mail: Allowed and Effective?

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Service of process on a foreign defendant can be complicated, as proper service is wholly dependent upon the rules of both countries involved in the litigation as well as any treaty that the nation-states may have agreed to as signatories. One example of such an international agreement is The Convention on the Service Abroad of…

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Lawsuit Not Dismissed Despite Ineffective and Untimely Service

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An American plaintiff who filed suit against a foreign defendant managed to avoid the case being dismissed by the court. This was despite the service of process being both untimely and improper on the Canadian defendants. Instead, the Massachusetts District Court used its discretion and quashed service and did not throw out the case.  …

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Taking a Deposition of a Witness in Mexico

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If you or someone you know is involved in a lawsuit and needs to take the deposition of a witness in Mexico, it is important to know what options you have under the law. Simply put, you are allowed to depose a willing witness in Mexico but there are some restrictions according to the U.S.…

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Is e-Service Via Social Media Appropriate? Possibly.

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Over the past 15 years, the electronic process of service (“e-service”) has become more and more popular. The manner in which American courts have permitted e-service in domestic and international lawsuits has changed the legal landscape—and it continues to do so. Below is some basic information on e-service and why this issue is important for…

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How to Serve a Banking Institution

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If you have to file a lawsuit against a banking institution or any other financial institution, it is critical that you follow the established procedure for proper and effective service of process. If you fail to follow the requirements your case could be delayed or even dismissed. Doing so, however, is not so simple. The…

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Serving Divorce Papers Abroad: A Primer

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It is no secret that divorce can be difficult. Rarely is the process seamless. If your soon-to-be ex-spouse is in another country, your life at home may have less emotion and drama but serving divorce papers will be more difficult than doing so domestically. This is because proper service is much more complicated than just…

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Understanding Service of Process

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Understanding Service of Process The legal term “service of process” refers to the method used by parties in a lawsuit to formally deliver legal documents to the other parties in the litigation as well as the court. Service of process is a critical step in starting a lawsuit. Serving a defendant properly is so important…

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How to Serve Someone Outside of Your State

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If you need to serve someone or a company a lawsuit outside of your state, it is important to know how to do that properly. Service outside of the plaintiff’s state is more frequent than you may realize. Process servers estimate that up to 25% of their service requests originate from out of state. While…

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