SERVICE OF LEGAL DOCUMENTS ABROAD
HAGUE SERVICE CONVENTION:
The Hague Convention on the Service Abroad of Judicial and Extra-Judicial
Documents in Civil or Commercial Matters (20 U.S.T. 1361; 658 U.N.T.S. 163,
T.I.A.S. No. 6638; 28 U.S.C.A.)
PROHIBITION:
U.S.: Foreign Service officers are prohibited by Federal regulations
(22 CFR 92.85) from serving process on behalf of private litigants or appointing
others to do so, state law notwithstanding.
AM-MX Investigation can help you legally serve process in Mexico. We
can locate and identify persons and corporations to be served. We can assist
the client in finding a credible legal Mexican process server. We can also
transmit and/or hand deliver the legal documents to such agency.
Other methods to serve process, which are legally valid in the U.S.,
are:
Service Treaty/Convention
SUMMARY: METHODS OF SERVICE ABROAD:
METHOD |
PROS |
CONS |
| Country Service by Foreign Central Authority |
Service Generally Guaranteed; No Service Problems Re Future Enforcement
Proceedings Abroad. |
Translation Usually Required; Expensive; Time; 3 months + to serve. |
| Service by International Registered or Certified Mail, Return Receipt
Requested |
Fast, Inexpensive |
Possible Problems Enforcing Judgment Abroad; Problems With Proof of
Service |
| Service by Agent (Foreign Attorney or Process Server) |
Personal Service; Timely |
Expensive; Possible Problems Enforcing Judgment Abroad |
| Service by Publication |
Timely; Inexpensive |
Possible Problems Enforcing Judgment Abroad |
| Waiver of Service |
Timely; Inexpensive |
Possible Problems Enforcing Judgment Abroad |
| Letters Rogatory (Letter of Request) |
No Service Problems Re Future Enforcement Proceedings Abroad |
Time Consuming - 6 months to a year; Translation Required Expensive. |
| AM-MX does have legal research information that we will supply
to any client wishing to use our services. |
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