International Process Service & Enforcing A Judgment: What You Need To Know

Posted by | July 11, 2017 | International | No Comments

Deciding what type of international process service method to use will be impacted by whether or not you’ll be enforcing a judgment. We have some tips on how to help you choose.

The considerable cost (anywhere from $700 to $2,000+) and time (one month to a year) associated with international service of process means it’s extremely important to choose the correct method the first time. While the United States may consider an individual served properly, the country in which the judgment will be enforced must also recognize service as valid. Otherwise you run the risk of not being able to collect on a judgment.

Choosing a Method

There are several options available for international process service including but not limited to: The Hague Service Convention Treaty, Letters Rogatory and service via agent. Each method has different timelines and costs associated with them.

In the event you would need to enforce a judgment, service via agent won’t be an option. The only choice would be to proceed through the official channels of the country. Service via agent is useful in instances where you wish to notify a party without any further judgment action abroad.

There’s considerable risk associated with choosing the wrong method of service. In a New Jersey district court case, Shenouda v. Mehanna,  a judgment for $578,600 was dismissed along with the case after it was determined the plaintiff’s method of service didn’t comply with The Hague Convention.

 In a past post, we shared a helpful info graphic for choosing which method of service would be best for your case. Take a look to see what method might be best for your case:

enforcing a judgment

Still not sure what method you should be using if you’re going to be enforcing a judgment? Contact us at any time. With thousands of serves completed in countries all around the world, we can help point you in the right direction.

 

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