Did you know……Hague Convention process service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters……

Did you know….

The Hague Convention on Process Service Abroad sets out the means by which judicial or extrajudicial documents are to be transmitted abroad in order to be served. The Convention only applies as between States Parties and has three fundamental objectives: (Source: http://www.hcch.net)

(1)  To simplify the method of transmission of documents to be served from the country of origin to the country of destination;

(2)  To establish a system which insures, in so far as possible, that a recipient is given actual notice of the document served in sufficient time to enable him or her to arrange for a defense; and

(3)  To assist in proving that process service was validly effected in the country of destination, by means of the certificates contained in a standard form.

As of January 23, 2014, the following 54 States were members of this Convention: Albania, Argentina, Australia, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, People’s Republic ofChina, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Republic of Korea, Latvia, Lithuania, Luxembourg, Malta, Mexico, Monaco, Montenegro, Morocco, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Sri Lanka, Sweden, Switzerland, The Former Yugoslav Republic of Macedonia, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, Unites States of America, and Venezuela. The following 14 States are non-members of this Convention: Antigua and Barbuda, Armenia, Bahamas, Barbados, Belize, Botswana, Colombia, Kuwait, Malawi, Pakistan, Republic of Moldova, Saint Vincent and the Grenadines, San Marino, and Seychelles.
(Source: http://www.hcch.net)

If a foreign state which is a party to the Hague Convention formally objected to process service by mail when it acceded to the Convention, process service under Section 1608(a)(3) should not be attempted. The plaintiff should proceed to process service under Section 1608(a)(4), citing in the cover letter to the Department of State (Office of Overseas Citizens Services) the foreign state’s objection to process service by mail as noted in its accession to the Hague Process Service Convention. (See Section 11.e., page 4). (Source: http://www.travel.state.gov)

For the purposes of definition, process service by mail refers to both that of the U.S. Postal Service (i.e. registered mail) and private courier services (i.e. DHL).

The following is a list of countries that notified the Hague Conference on Private International Law and the Government of the Netherlands (the repository) on accession, ratification or subsequently that they object to process service in accordance with Article 10, sub-paragraph a of the Convention, via postal channels: (Source: http://www.state.gov)

(1)  Argentina
(2)  Bulgaria
(3)  China (People’s Republic of)
(4)  Croatia
(5)  Czech Republic
(6)  Egypt
(7)  Germany
(8)  Greece
(9)  Hungary
(10)  Iceland
(11)  India
(12)  Japan*
(13)  Korea
(14)  Kuwait
(15)  Lithuania
(16)  Macedonia
(17)  Mexico
(18)  Norway
(19)  Poland
(20)  Russian Federation
(21)  San Marino
(22)  Serbia
(23)  Seychelles
(24)  Slovak Republic
(25)  Sri Lanka
(26)  Switzerland
(27)  Turkey
(28)  Ukraine
(29)  Venezuela

* Japan did not object to the provisions of Article 10(a) of the Convention on accession. However, subsequently, Japan provided a clarification of its position on the subject. While Japan does not formally object to process service by postal channels, it may not recognize the method of process service when enforcement of a foreign (U.S.) judgment is attempted. (Source: U.S. Department of State’s 7 FAM 950, Service of Process Abroad)

A Special Note: The countries of Iran and Iraq have not objected to process service by mail. However, many attempts at process service by mail or courier are unsuccessful. Therefore, it is okay for an attorney to request process service directly through diplomatic channels (28 U.S.C. § 1608(a)(4) without attempting process service under any other provisions first.

For more process service information visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote.  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact undisputedlegal.com #processservice #processserver #processserving #serviceofprocess

 

 

 

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