International Process Service Via Agent
Don’t need to make sure a judgment is enforceable? Then service via agent may be the best option for you. In some cases, such as matrimonial cases when a judgment overseas will not be enforced but the attorney is only interested in notification to the defendant, this method not only works well but is accomplished in much faster times.
Most services abroad when utilizing an Agent for service, such as a local Process Server within that country, can be done in weeks as compared to months or more than 1 year. However, while this may be an option, note that United States courts generally will not allow a judgment to be enforced overseas and the opposing country may also not allow this method of service in some instances.
HOW LONG DOES INTERNATIONAL SERVICE THROUGH AN AGENT TAKE?
Here at DGR we’ve completed international service through an agent in as fast as one day. However, the typical timeframe is between one to two weeks – much faster than the three months to one year of Letters Rogatory or through the Hague Service Convention.
CAN I USE INTERNATIONAL SERVICE THROUGH AN AGENT IF I NEED TO ENFORCE A JUDGMENT?
If you’ll need to collect a judgment or enforce a ruling in the country of the defendant, we highly recommend not serving through an agent. It’s highly unlikely a country will take action against their residents if the accepted methods weren’t followed. Over the years, international courts have continued to refuse to adhere to rulings where improper provisions of the Hague Service Convention were applied or there was a lack of proper service under the rules of the receiving country. Serving through an agent in these circumstances could result in the case being dismissed or needing to start over from the very beginning.
If you can’t serve through an agent due to the end goal of collecting a judgment, two other common options are available: Letters Rogatory or service through the Hague Service Convention. While the timelines are longer and costs somewhat higher for these options, these will be enforceable methods.
DO I NEED TO TRANSLATE DOCUMENTS IF SERVING VIA AN AGENT?
Depending on the country of service, documents may still need to be translated for the receiving court to consider them valid.
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For a time-sensitive service request, please call us at 973-403-1700.
THE DGR DIFFERENCE
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Process Service
Fast, reliable service complete with an online portal to track status updates.
Due Diligence Searches
Having problems locating an individual or entity for service? We can help.
Subpoena & UIDDA
Service across state lines made simple with the use of the Uniform Information Discovery and Deposition Act.
International Process Service
From knowing which method of service is best to handling translations, we’ve served around the globe.
Messenger Service
Same-day delivery, where your package is our driver’s only priority and you get a recipient’s signature.
Document Retrieval
The documents and information you need from the courthouse, when you need it.
Frequently Asked Questions
What does "service by agent" mean in international cases?
Service by agent means appointing a local process server, attorney, or authorized individual in the foreign country to serve documents directly according to local laws, without going through formal government channels like the Hague Convention or Letters Rogatory.
Is service by agent legally valid?
Validity depends on the destination country's laws and whether the country permits this method. Some countries allow it, others prohibit it or have unclear laws. Proper legal analysis is essential before proceeding.
Which countries permit service by agent?
Many countries permit service by agent, including Canada, the United Kingdom, Australia, and others. However, each country has specific requirements about who can serve, what methods are acceptable, and what proof is required. It also impacts whether or not a judgment will be able to be enforced.
What are the risks of service by agent?
The primary risk is that service may be challenged as invalid if the destination country prohibits this method or if service wasn't completed according to local requirements. These risks can be mitigated through careful analysis and working with an experienced process server.
How long does service by agent typically take?
Service by agent is generally faster than formal government channels, often taking weeks rather than many months, making it attractive when time is critical and the method is legally permissible.
What proof of service will I receive with service by agent?
Service by agent typically provides an affidavit from the local agent detailing when, where, and how service was made, often accompanied by supporting documentation.