Tag Archive for: service of process

International Service by Mail: Allowed and Effective?

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…

Lawsuit Not Dismissed Despite Ineffective and Untimely Service

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.  …

Taking a Deposition of a Witness in Mexico

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.…

Is e-Service Via Social Media Appropriate? Possibly.

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…

How to Serve a Banking Institution

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…

Serving Divorce Papers Abroad: A Primer

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…

Understanding Service of Process

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…

How to Serve Someone Outside of Your State

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…

Failure to get Translation Gets Foreign Case Dismissed

On May 8, 2019, the Higher Regional Court of Frankfurt (“HRCF”) in Germany held that although a translation of the statement of claim is not required under the law, a plaintiff is responsible for doing so if he or she opts for a translation under Regulation (EC) No. 1393/2007 on the service in the Member…

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…

Is Mexico A Member Of The Hague Convention?

Attorneys And Paralegals Frequently Ask “Is Mexico A Member Of The Hague Convention?” The Short Answer Is Yes. However, The Question Is A Bit More Complicated Than A Simple Yes. The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague…