Legally acceptable service of process is a challenging accomplishment, even here in the United States. Everything from angry recipients to wrong addresses to violent dogs can stand in the way. So it stands to reason that serving papers internationally is an infinitely harder process. Fortunately, many process serving companies specialize in international service of process, and most of the world’s main governments have united in an agreement that allows relatively smooth delivery of some of the most important legal documents.
The Hague Service Convention
Established in 1965, the Hague Service Convention is honored by all of North America, Australia, most of Europe, and parts of Asia, Africa, and South America. Any location that participates in the Hague Service Convention must offer a central authority for accepting incoming requests for service. A properly competent process server can request service to the international location’s central authority, which then arranges for the service in whatever manner is permitted by that specific location. It is the international location’s responsibility to provide a certificate of service to the original location.
This is ultimately the most efficient way to serve papers internationally, since it only takes two to four months, rather than six to twelve months, and it utilizes standard forms that are widely recognized. However, since not all countries are members of the Convention, a Letters Rogatory might be required instead.
Letters Rogatory
A letter of request called a Letters Rogatory is used to complete service within six to twelve months in locations outside of the Hague Service Convention. This formal request asks for the state of origin to issue a judicial court order, and the foreign ruling ministry must forward the documents to the local court, which makes the final decision on service. It’s a lengthy and complex process at best, and it gives local courts the power to turn away papers that truly need to be delivered. Even when papers are accepted, they can take as long as a year.
Nobody said international service of process was quick and simple, but at least there are options!
