20
Jul

How to Serve a Person in a Foreign Country

One of the most important procedures in any Court proceeding is giving a third party notice that a lawsuit has been filed against them, i.e. effecting service of process. Because it is common for Defendants who know about the lawsuit to intentionally dodge service, Courts will allow the Plaintiff to effect service through alternative means, such as by publication. A more difficult problem arises when the Defendant is trying to dodge service and is located in a foreign country.

Prior to 1969, if a party to a lawsuit wanted to serve an individual in a foreign country, the person was required to comply with the laws of the country as it pertains to service. As one might expect, the laws regarding service of process varied greatly from country to country. With the lack of consistency in mind,  member states of the Hague Conference on Private International Law signed the Hague Service Convention in 1965. As of today, there are 73 member states.

The goal of the Hague Convention was to provide a simple way for parties to serve individuals in different countries. To that end, all contracting parties agreed to designate a central authority to accept requests for incoming service. For example, in the United States, the designated central authority is the United States Department of Justice.

In addition to providing a central authority to accept requests for service, the Hague Convention also provides for alternative services if the person cannot be served personally. However, member states are allowed to opt out of certain types of service that they do not find sufficient. That is one of the reasons why it is important to double check with the appropriate authority before moving forward with international service via alternative means.

Although serving an individual in a different country presents an obstacle, it does not make service impossible. If you have any questions with serving someone in a different country, call our office to speak with one of our attorneys today.