Has your foreign client been served with a Summons and Complaint or a Request for Evidence? Do you need to determine whether the service complied with relevant treaties and laws?

Our in-house experts, including attorneys and paralegals, can advise on whether such documents are compliant with applicable treaties and the procedural requirements of both the country where the service originated and the country where your client resides.

In many instances, LLS is able to assist you in preparing a persuasive affidavit in support of a Motion to Quash service.

Rely on LLS to:

  • Check that service complied with the forum court
  • Determine if service complied with international treaties
  • Assist with the preparation of a Motion to Quash
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Why Quash International Service of Process?

The key word in the above question is international.

Unlike domestic service of process, the time required for international service, let alone the cost, can be a significant barrier to a plaintiff. Indeed quashing service can lead to stopping adversarial litigation at the outset of a case.

In particular, the time delay incurred by forcing a plaintiff to attempt an additional serve can run out the clock on pending litigation. Unlike domestic service, each attempt at international service can require months to effect.

At the very least, a time delay aids opposing counsel by ensuring considerably more time to prepare a defense.

Finally the cost of a second (or third) attempt at international service (especially when translation is required) can be prohibitive because the cost of quashing service is usually much less than the cost of serving (or re-serving) process internationally.

These facts are all too often misunderstood by counsel who are accustomed to the relatively low barriers in terms of time and cost encountered in domestic service of process.

But how likely is it that international service can be quashed?

The Probability of Quashing International Service of Process

While there’s no such thing as a sure thing in the law, there’s a high probability of successfully quashing international service of process when such service was done by less experienced individuals or firms.

Given the complexity of international law and the multiplicity of jurisdictions involved (as many as five if federal systems of government exist in both the originating and receiving countries) there are multiple grounds available to quash service.

Therefore in most cases, when a defendant or opposing counsel seeks to quash service, the plaintiff will end up having to re-serve or even re-file the litigation with the court. It may even result in litigation being permanently barred by exceeding a statute of limitation.

Why Consult with LLS Before You Attempt to Quash Service?

Quite simply, LLS assists on more international service requests in a week than most litigators see in a lifetime.

The professional staff at LLS know the valid reasons to quash international service. Rather than risk angering a judge and incurring sanctions and other penalties, consult with our professional staff to evaluate your probability of success.

We can help you avoid obvious and not so obvious missteps like inadvertently acknowledging — in your attempt to quash service — that the lawsuit exists and therefore that service was in fact effective.

Contact LLS

Each service of US process upon a foreign litigant gives rise to unique considerations and there may be multiple grounds for challenge. You can trust the experts at Legal Language Services to thoroughly examine all of the pertinent legal issues.

Contact Legal Language Services at (913) 341-3167 for a FREE, no-obligation consultation with one of our staff attorneys or paralegals, or submit an inquiry here.

(Calling from outside the US? Add 001 before dialing our US area code.)

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Here Are Some Ways LLS Can Help Quash Service

Did Service Comply with International Treaties?

Service of process upon foreign litigants must meet stringent standards. If these standards have not been met, a litigant may be able to successfully challenge the service.

If your foreign client has been served with process, you need to ascertain whether service complied with pertinent treaties in effect in all jurisdictions involved.

This is part of our protocol when serving your documents, but it’s a common area for mistakes to happen.

Requirements of the Hague Service Convention

The Hague Service Convention is the exclusive and mandatory means of service in member countries. An LLS team member will review your Hague Certificate/affidavit of service to confirm that the requirements of the Hague Convention have been met.

There are a wide range of issues we examine to determine if someone’s service can be quashed.

Perhaps the most glaring error we find is that of the over-ambitious domestic US process server who gets on a plane and personally serves documents on your behalf. Believe us, this happens frequently.

The certificate will alert us as to whether or not a US process server or another unauthorized person was inappropriately involved in serving your documents.

This is just one of the things we can evaluate when looking to quash a service.

Compliance with the Inter-American Convention

The Inter-American Convention on Letters Rogatory and Additional Protocol is another treaty that regulates international service of process.

The US is a member of this treaty, as are many South and Central American countries. The Inter-American Convention has not been held to be the exclusive and mandatory method of service in member countries.

However, if litigants intend to enforce a judgment in a destination state where the Inter-American Convention is in effect, service must be effected pursuant to that treaty.

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