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.)