I. "Direct Hague Central Authority submission and follow up": This service consist of a fast and controlled manner to the use of the "Central Authority of each European Hague Signatory Country" and is based in the use of a "Summary translation" by "Local Certified Translators". This service is either for Service of Process or for Subpoenas. These services include;
Local Central Authority Filing and Screening for acceptance.
Follow up of the local procedure and avoid any possible "Reject".
II. "Private Personal Service of Process": This is a "hand to hand delivery", completed by European Barrister-Solicitor acting as international process servers; it is fast and reliable, requires no translation of documents and there is no Civil or Commercial legality exam. The advantages of this kind of service is that is fast and "can't be rejected", by the "addressee" nor the "Central Authority". No lost of confidentiality either and evidence of service is included with the "Affidavit of Service" such as "Video" or "Photography". See our Price List to see what is included.
III. "Local Judicial Officers Service of Process", called “Substitute but Certified” We will certify service of process with an Affidavit in English, Authenticated by the Consular representative , service completed by a "Local Judicial Officer" acting under our supervision and control. Main advantage is the existence of a "Public Record of Service" is available for verification when "Exequatur" is needed.
IV. "Special Process Server", for Private Personal service,we accept all foreign Court mandates to serve; "Emergency or Rush Service of Process", "Subpoenas" and "difficult to serve cases", Judicial or Extra-Judicial: We serve with evidence and if require with witness presence anywhere.
V. "Large Cities Service" for main Souther European Cities, as per Article 10 of the Hague Convention these are reduced prices click here adapted to your needs and requirements.
VI. "Courtesy Service" or "Parallel Service" Once you have ordered legal process service either to the "Central Authority" or a "Judicial Officer" and as a preventive measure we can serve again, this ensures reception and protect you against any obstacle or problem.
VII. "Private Subpoena Service": Either as parallel to a Letter of Request sent to the "Central Authority" or if in application of "Common law Court acceptable principles" to accelerate a process and gain time. It can be confirmed afterwards by the Central Authority.
VIII "Depositions" Most foreign Central Authorities will not accept to take a Deposition or Evidence in "Pre-Trial", Arbitration" or "Extra-Judicial", Consular services depositions can not be held outside the Consular premises and Consular Agents will not travel. We take depositions and evidence anywhere!
IX. "Registered Agents of Contracts" within the European Economical Community.
X. "Expert Witness" of any International Service of Process not compliant with International Private Law or Local rules of Procedure either by Court appearance or by written document expertise with foreign law back up.
XI "Extraordinary Service of Process" refers to services in those countries we do not serve normally, service to those countries that have border with our geographic coverage, those that by proximity we can serve. We service Southern Europe and can Serve Morocco, Tunisia, Turkey. Israel, Syria, Libya, .... The cost is double to that in our price list.
XII. "Simple Serve" and “Substitute Service” as per Article 10 of the Hague Convention, these are services not address to an specific person but to anyone over the age of 18 in the premises and who knows the addressee.
XIII. "Non Article 10 Service" we serve countries that opposes to Article 10 of the Hague Convention based on "International Reciprocity" and "International Litigation Freedom". No Country can have the monopoly of serving documents in their Jurisdiction, at least not in the "free world",since this exclusivity means that the "Central Authority" will determine by political variances International Service. These are factors that are not compatible with the spirit of the Hague Convention itself, thereto opposition to Article 10 as an Alternative Private Channels of service is necessary to guarantee freedom.
XIV. Serving in Germany and Serving in Switzerland: Both countries have a tremendous amount of request for Service of Process. Unfortunately they both oppose to the application of Article 10 of the Hague Convention that is no say No Private Personal Process Servers permitted. Because of this reason in both countries we have undesired results (Click here for Statistics):
a. Excessive delays to serve, sometimes more than a year to issue an Affidavit and the repercussion which this delay has in Common law efficient Jurisdictions where datelines need to be respected or the case is dismiss.
b. Rejects because translations, refusal option of addressee to accept service of process, wrong address for service and impossibility to locate or find, Returns because of form of request...
c. Local Political considerations, influences and lobby.
d. Unfair competition by protecting local corporations from foreign liability.
In front of these realities (Click here for Statistics) it is essential to consider that a Jurisdiction can not fully rely on these foreign Central Authorities and thereto is necessary to have more legal security andsystems to prevent and avoid these obstacles. Opposition is justify by the respect of the addressee rights and obligations but it causes harm to the right and obligations of the plaintiff.
The Hague Convention does not clearly specifies, if opposition to article 10, refers to a prohibition of the opposing country to their Courts and Attorneys to usethis alternative method to serve abroad, or is it an opposition for foreigners to serve within this jurisdiction.
In any case, a Jurisdiction not opposing to article 10 (North America) can serve in the foreign jurisdiction without violating the Hague Convention, in my opinion and in the following circumstances.
a. Parallel Service; As a preventive legal measure, assign a Private Personal Server to serve a parallel service to that requested to the Central Authority to assure that in the eventuality of an excessive delay or a reject. That Private Personal Parallel Service will be fully legal and valid if the Central Authority fails and on the other hand if the Central Authority serves it just reinforces evidence of service.
b. Reciprocity: If the serving Jurisdiction accepts Service of Process by Article 10 of the Convention, then serving abroad in a Country that opposes to article 10 is possible and legal because this foreign jurisdiction can serve without limits.
c. Mandate: It is to the Judging jurisdiction to decide if “Judging” depends on the will or efficiency of a foreign institutionreason why a “mandate or order to serve” or maybe a “Commission to serve” can be issue in our name to complete service respecting to maximum addressee rights and obligations.
d. “Force majeure”, If there is no other way to serve and the circumstances obliges to immediate, fast and reliable service of process or if the foreign Country does not provides “Private Personal Service of Process” or when requested, if they did a substitute service or any other act that does not adapt to what the judging jurisdiction requires.
We serve by any of the above methods!!!
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