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July 29, 2010   :   4:28 PM CDT   :   Minneapolis, Minnesota

International Service of Process

So, you want to sue a defendant in a foreign country?

APS: the gateway to the world for the U.S. legal community.

Don't trust your international service of process request to your local service company! With over 30 years of international experience, APS is highly qualified to handle your legal documents abroad. The U. S. Department of Justice recently recognized APS' exceptional abilities by giving us the highest technical score for corporate capabilities, business design, and experience. We have personal relationships with many foreign authorities and we are constantly monitoring changes in procedures and requirements.

APS routinely assists attorneys with worldwide service of process requests under the
Hague Service Convention
Inter-American Convention
Foreign Sovereign Immunities Act
Letters Rogatory
Private Process Server.

If you are not certain which method you should use, email or call us and one of our experienced attorneys or paralegals will assist you. We can also email or fax you current information regarding the service requirements for any country in the world.

APS can translate your documents into or from almost any foreign language.

APS can assist you in responding to any Motions to Quash or Dismiss the case for improper service. We have the research, experience and supporting documentation necessary for you to respond to the allegations of foreign defendants. APS attorneys and paralegals have assisted clients in filing affidavits and responses to Motions in hundreds of cases and we have been successful in prevailing on virtually all of those Motions.

Don't take chances or guess when it comes to your international service of process request. Call APS: the "go to" people for international service of process. Known by the company we keep.

1-800-328-7171 (x709) or 952-831-7776 (x709)
Fax: 1-800-538-5299 email: intl@civilactiongroup.com

Formal Methods of Service of Process

Hague Service Convention
The Hague Service Convention encompasses about 94 nations and other political units. APS is recognized by member nations as an authority to transmit requests for service abroad. Service is usually completed within 12 to 16 weeks. However, APS does NOT guarantee the performance of foreign governmental officials.

Letters Rogatory
A Letters Rogatory (Letter of Request) encompasses all countries with which the United States has diplomatic relations. This method is used in countries not party to the above conventions. Service is usually completed in 6 to 12 months. However, due to the bureaucracy of foreign governments, it is not uncommon for this period to exceed 12 months.

Inter-American Convention on Letters Rogatory
The Inter-American Convention and Additional Protocol encompass twelve member countries. APS will process your request for service through the U.S. Department of Justice. Service is usually completed in 6 to 12 months. However, due to the bureaucracy of foreign governments, it is not uncommon for this period to exceed 12 months.

Foreign Sovereign Immunities Act
This method is used when serving process upon a foreign state or instrumentality of a foreign state. Service is effected in compliance with federal statute and is applicable in both state and federal courts. This is the exclusive method of service and must be followed in painstaking detail or service fails. The FSIA allows for various methods of service. Therefore, the time-frame to complete service will depend on the country as well as the methods employed.

Informal Methods of Service of Process

A private process server may only be used in countries where laws do not prohibit this method. Service is usually completed in four to six weeks and can be expedited for additional fees.

Therefore, these U.S. Courts may not recognize service by personal delivery in countries that are parties to any of the above conventions. FURTHERMORE, informal methods of service may not comply with the notice requirements of the foreign country. Therefore, informal service could render a U.S. judgment unenforceable within the borders of that country.

Caveat: Always approach informal methods with CAUTION! Many courts in the United States feel that an international agreement such as one of the above conventions constitutes an exclusive method of service.

APS always recommends compliance with international service conventions or, if not applicable, compliance with rules/laws of the foreign country where service is to be effected.

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