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Private Service

A common misconception made by most attorneys and legal service professionals in the United States is that process servers (as they are known in the U.S.) are available in all other countries around the world.

The fact is that they are rarely available. There are VERY few countries that allow private process service as an option within their judicial systems. Because of this, the private process service industry does not generally exist outside the United States (with very few exceptions).

Most foreign courts require that a court officer, court appointed attorney or judicial bailiff (Huissier) serve process from their courts or received from a foreign country.

Court officers and court appointed attorneys will generally only serve process at the request and direction of their own courts. Many judicial bailiffs (Huissiers) will serve foreign process received from private individuals in a foreign jurisdiction if it does not violate their internal/local laws. Often however, a judicial bailiff (Huissier) will often require translation of the documents (if applicable).

When service by a private server is not prohibited by the foreign country, quick personal service upon foreign defendants is always available. Our firm utilizes attorneys, judicial bailiffs (Huissiers), and private investigators, through trusted relationships which have been cultivated over many years.

The key to successfully serving by an agent is to ensure, whenever possible, that all applicable service requirements are complied with, especially a statutory requirement that the server be authorized to serve process in their location (we will assist in determining this in advance). Many U.S. statutes contain sections which specify how service is to be made outside the United States.

HOWEVER, KEEP IN MIND that regardless of the validity of service in the U.S. court, it is generally impossible to enforce a judgment in the foreign country of service if such judgment was obtained on the basis of service by a private server.

Our firm can assist you in determining whether or not service by a private agent is warranted in your case and how/if it can be done to avoid being quashed.