International Service of Process per the Hague Service Convention
Most foreign countries outside the English-speaking world require that the documents be translated.
HUNTINGTON BEACH, CALIFORNIA, UNITED STATES, March 27, 2017 /EINPresswire.com/ -- John A. DeMarr, P.I.
A Southern California private investigator has announced a new program for serving legal papers in foreign countries, under the Hague Service Convention. The procedures all depend on the country where the service needs to take place.
The new program relies on the following steps:
First: Is the country a member of the Hague Convention on Service of Process? If the country is not listed, then the Hague Convention rules do not apply.
Next, has the foreign country filed declarations regarding Article 10? If the country objects to Article 10, one must refer to Article 5, which is available except in Russia. If the country does not object to Hague Convention Article 10, then you must determine what constitutes a com-petent person under the country’s law according to its declarations. The new program can arrange for a competent person to provide service in-country.
If the party serving the papers decides on ordinary mail service under Article 10(a), they must be sure that Hague Convention mail service is acceptable in the applicable court, state or jurisdiction.
If Hague Convention Article 10 channels are unavailable, then the country’s Central Authority will need to receive the papers.
Most foreign countries outside the English-speaking world require that the documents be translated. This rule applies even if the recipient is located in Toronto or London.
The party serving the papers must till out U.S. State Dept. Form USM-94, compile the documents to be served (with their translations, as applicable), and send the request to the appropriate country’s Central Authority.
Then, wait several months—or even a year—for a response from the foreign authority.
The Hague Service Convention does not apply to subpoenas.
John A. DeMarr, P.I. specializes in serving process and legal papers to international defendants in the U.K., Canada, Mexico, Europe, Asia and Latin America.
To learn more: www.demarr.com
John DeMarr
John A DeMarr Private Investigators
(877) 493-3463
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