Service Of Process Agreement

Service by publication may also be a practical option, but it cannot be a valid method of service under the laws of the foreign country. If a possible enforcement of a U.S. judgment is planned in a foreign country, it may be advisable to consult foreign attorneys or foreign U.S. legal counsel abroad before pursuing such a method of service. The Office of International Judicial Assistance (OIJA) is the central authority of the United States, in accordance with the Hague Convention on Service and the Inter-American Convention. Since 2003, the Department of Justice has delegated its function as a central authority to a private contractor, ABC Legal, with respect to the ministerial document for the service of judicial and extrajudicial documents addressed to individuals and businesses in the United States. Therefore, outgoing requests for service in accordance with the Additional Protocol to the Inter-American Convention should be addressed directly to ABC Legal in accordance with the Treaty. Please note that theIJA plays no role with respect to U.S. requests for service abroad, in accordance with the Hague Services Convention. For a guide on how you can use the service abroad, please visit the OIJA website. Service by registered or recommended, return requested is an option in many countries of the world.

FRCP 4 (f) (2) (C) provides that this method of service may be used, unless prohibited by the law of the foreign country. The United States courts have ruled that formal objections to service by mail by countries party to a multilateral treaty or to a convention on the service of proceedings at the time of accession or, subsequently, in accordance with the treaty, are fulfilled as contractual obligations, and the parties to the proceedings should refrain from using such a method of service. Service by registered letter should therefore not be used in countries which are parties to the Hague Convention on Service and which have objected to the method described in Article 10(a) (postal services). The Hague Conference on Private International Law shall inform on its website of the applicability of Article 10(a). The notification of trials to foreign states and foreign state authorities and instruments is governed by the Foreign Sovereign Immunities Act (FSIA). If all other methods of notification under the FSIA have failed, U.S. embassies will subpoena a subpoena, a complaint, and a default complaint or judgment against a foreign government (28 U.S.C. . . .