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:

  • Assist with international service of process cross-claims
  • Determine whether service is proper
  • Obtain address information
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Here's How LLS Can Help

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.

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 1-800-755-5775 for a FREE, no-obligation consultation with one of our staff attorneys or paralegals, or submit an inquiry here.