Quashing Service of US Process

Has Your Foreign Client Been Served with US Process? Do you need to determine whether the service complied with relevant treaties?

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

Our in-house attorneys can review proofs of service, and advise whether service is compliant with applicable treaties and the procedural requirements of both the US and foreign jurisdictions.

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

Did Service Comply with International Treaties?

If your foreign client has been served with US process, you need to ascertain whether service complied with any treaty regulating service of process that may be in effect in the foreign jurisdiction.

Did Service Meet the Requirements of the Hague Service Convention?

According to the US Supreme Court, the Hague Service Convention is the exclusive and mandatory means of service in member countries. An LLS attorney can review your Hague Certificate/affidavit of service to confirm the requirements of the Hague Convention have been met.

There are a wide range of issues our attorneys examine:

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  • Whether an authorized requesting authority initiated the Hague Request – US process servers are NOT authorized requesting authorities.
  • Whether the documents were served in compliance with the Destination State’s declarations to the Treaty.
  • Whether the documents were served by a competent judicial officer as defined by the Destination State.

Did Service Comply 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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Each service of US process upon a foreign defendant gives rise to unique considerations; 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.

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