South Korea is home to some of the world’s biggest companies, including, Samsung Electronics, Hyundai Motors, LG Electronics and many more!

So, it’s very likely that at some point, a US person or company will decide to file a lawsuit. Whether it’s a personal civil suit, such as family law, or a business-to-business action, international lawsuits happen every day.

Once the suit is prepared and filed, the next step is service of process on the defendant.

Can You Serve A Party In South Korea?

You can, but there are strict procedures in order to do so.

Since South Korea is a part of The Hague Service Convention, you’re required to abide by their requirements. The first step is to fill out a Hague Service Request.

Although the Hague Convention lists service requirements under both Article 5 and Article 10, South Korea only allows for Article 5. There are three steps involved:

1. Fill a USM-94. Make sure it’s filled out precisely, if it is not filled out precisely you could end up waiting 6 months just for application denial. Once it’s completed, an assigned agent must sign.
2. Have your documents translated and certified into Korean. Korea’s declaration to Article 5(3) states translation is required even if your defendant speaks English. If a translation is not included the Central Authority will deny your application. Make sure to translate everything, even the USM94 application. The translations must include a certificate of translation.Note: Once the defendant has been served chances are you will be required to get the proof of service translated since the Korean Central Authority only responds in the native language.
3. Forward it to South Korea’s Authority, located in Seoul.

Once submitted, it can take as long as six months to receive proof of service. Like most international process services, there isn’t a way to accelerate the timeline.

Alternative Forms of Service?

South Korea formally objects to Article 10. Article 10 allows us to use an agent in the country to deliver the documents directly to the defendant. This method bypasses the Central Authority, and if your defendant speaks English, translation won’t be required. The only issue is that South Korea doesn’t allow service through this method. We can still proceed and use one of our agents to deliver the documents but you are taking the risk the Judge or opposing counsel won’t accept the service. If you understand these risks and wish to proceed, then contact us today to receive a quote.

By Legal Pro. For Legal Pros

Do you or your firm need to serve someone in South Korea? Judicial Support is ready to help no matter where you need to have someone served. Based in Miami, we work with clients worldwide to ensure that your process service is completed in accordance with the city, state or country’s requirements.

Service of process is vital, especially with overseas parties. That’s why it’s essential to work with an experienced company that understands process service and The Hague Convention. Make sure that your service is completed the right way, no matter where the other party resides. You can call us today at 1-800-852-5002, or email us at Global@JudicialSupport.com. We’re happy to answer all your questions

Process Serving in Brazil

From a family law issue to a business transaction, process service in Brazil may be a daunting prospect. South America is a collection of countries with different cultures, customs and languages.

Brazil is the largest of these countries, attracting immigration from around the world. This country is the world’s largest producer of coffee, gets much of its energy from renewable sources, and is the world’s ninth largest economy.

If you discover that you must serve a defendant in Brazil, you’ll need some time, translations, and patience.

Brazil Joins The Hague Convention

As of June 1, 2019, Brazil is now part of The Hague Convention. You must serve under Article 5, as Brazil has not approved Article 10 alternative services.

First, you will fill out a USM-94 (also called a Hague Service Request). Have the form signed by an attorney, a court official, or someone commissioned by the court. Anyone else signing this document will render it invalid.

Include a list of documents, as well as a Portuguese-certified translation of everything.

Once submitted, you should receive proof of service within six months.

Key Points To Consider:

• Certified Translation of all documents into Portuguese
• Request forms require a signature from the judge or attorney assigned to the case.
• Consular and foreign diplomatic agents are prohibited from performing service of process in Brazil
• Mail service is not permitted, nor direct requests to judicial authorities. All requests must go through the Central Authority to be valid.
• Timeline: 4-6 Months

Certified Legal Translation is Required

Unlike other countries in South America, the official language throughout the country is called “Brazilian Portuguese.” The translation is required even if your defendant speaks English. Why? The Central Authority in Brazil must review your documents and approve them prior to them being served. A Hague request submitted without a translation will automatically be denied.

The country was first visited in 1500 by Portuguese navigator Pedro Álvares Cabral. Brazil then became a Portuguese colony and adopted Cabral’s mother tongue. About 99% of Brazilians speak this form of Portuguese. Aside from English, that’s not the only language in Brazil.

You will also hear these languages:

• Japanese
• German
• Korean
• Dutch
• Italian
• Ukranian
• Polish

Some municipalities also recognize “co-languages,” which means they have more than one “official language.”

Document translation should be not only to the same language, but to the same local language. With that many languages commonly spoken, translations become extremely important if the person or entity you are serving is in Brazil.

The English documentation must be translated into Brazilian Portuguese, and possibly into a third language if that’s the party’s primary language. Without it, the service could be returned because the receiving party did not understand it.

Get My Defendant Served In A Week! – Alternative Forms of Service

If the standard form of service isn’t practical, or you want to try to get it done faster, there are other options under Article 10. Brazil formally objects to service under Article 10, which means if your opposing counsel or your Judge decides to question the validity of the service they will win. If you understand this risk and wish to proceed, then we can definitely assist. We have over 600 agents worldwide ready to get your documents delivered directly.

By Legal Pros. For Legal Pros

Faced with process service in Brazil, or anywhere in South America? Judicial Process & Support is ready to help no matter where you need service of process. We work with clients worldwide to ensure that your process service is completed in accordance with the state or country’s requirements.

Service of process is important, especially with international actions. Make sure that your service is completed correctly wherever the other party resides. You can call us today at 1-800-852-5002, or email us at Info@JudicialSupport.com. We’re happy to answer all your questions.

Process Serving in Germany

Serving a defendant outside the US is always more difficult than serving someone in the US. When serving a defendant in Germany, there are very strict rules that must be followed for the service to take place.

Germany is a part of and subject to the rules of the Hague Convention. One mistake can see your service dismissed.

There is a straightforward procedure for service of process in Germany. Deviate from it, and you’ll be denied service.

The Hague Convention

Like most foreign countries, you can’t just serve a summons like you would in the US. Because it’s part of The Hague Convention, you’ll need to file a Hague Service Request (USM94).

Germany’s Article 5(3) requires that the documents all be translated into German, even if the defendant speaks English, as well as a summary of the documents that can be served along with them. All these documents must be translated into the country’s home language for the benefit of the Central Authority. Without a legal translation, the German Central Authority will reject your request immediately.

An attorney or a court official must sign this form, or someone who is commissioned by the court. Non-lawyers are not permitted to sign these forms. If not, your service request will be invalid.

Then send it to the appropriate Central Authority in Germany. Germany has multiple Central Authority offices. In fact, there are 16 different offices.

As with any foreign process, it will take a while to receive notification that service has been completed. From Germany, expect a wait of three to five months before you receive any notification.

There are no alternatives to an Article 5 service—Germany rejects everything else. Mail service and process server service are not considered acceptable.

Validity

If you don’t adhere to the rules set out in The Hague Convention for service, there is a strong possibility that your service will be ruled invalid. Furthermore, a request that is invalid can also be set aside by the German Central Authority.

Generally, there are two reasons why Germany would reject the paperwork:

• The paperwork was improperly done or was not translated
• The request itself violates the security or national sovereignty of the state of destination.

The request itself must conform to U.S. law when it originates, no matter how the foreign country’s court system treats it. Hague Certificates are generally considered to be conclusive and watertight, so a court may take it at face value.

Punitive Damages And Split-Recovery Statutes

While Germany generally does serve on cases with punitive damages, there are some cases that are rejected outright: if the home court is in a state with a split-recovery statute.

If the plaintiff is suing for punitive damages and lives in one of eight states that has a so-called “split recovery statute,” there is a high chance that Germany’s Central Authority will reject the service. They are:

• Alaska
• Georgia
• Illinois
• Indiana
• Iowa
• Missouri
• Oregon
• Utah (who has since found split-recovery unconstitutional)

Split-recovery means that when a plaintiff is awarded punitive damages, the state takes a portion of those damages. That portion is generally 50% to 75% of the award, with the funds going either into the state treasury or designated for specific recipients. Most of these awards are put into state-controlled funds for services like indigent representation and victim compensation funds.

So why do some German states reject a case like this? Because The Hague Convention is strictly for civil or commercial matters. An administrative or criminal case falls outside of the Hague Convention, and involves fines, which is what the state collection represents.

Because the punitive damages will benefit the state as much or more than the plaintiff, it’s more of paying a fine, which takes it outside of the scope of civil or commercial matters. Therefore, it’s also outside of the realm of The Hague Convention, and Germany does not have that jurisdiction to get involved. The plaintiff may be required to waive punitive damages in order to get service in Germany.

Legal Translation for German Service Of Process

As we mentioned, the documents must be translated into German—the country’s native language. Not just any kind of translation, but legal translation, which involves someone who understands the types of documents that are being sent.

A legal translation means that someone takes them from the current language into a different language. Medical records, specifications for mechanical or electrical projects, legal documents, and other types of documents require someone with that technical expertise to understand what they’re reading, and translate them correctly.

By Legal Pros. For Legal Pros

Do you or your firm need to serve someone in Germany, in another city, or right in your city? Judicial Process & Support is ready to help no matter where you need service of process. Based in Miami, we work with clients worldwide to ensure that your service of process is completed in accordance with the state or country’s requirements.

Service of process is important, especially with overseas parties, so don’t take chances. Make sure that your service is completed the right way, no matter where the other party resides. You can call us today at 1-800-852-5002, or email us at Global@JudicialSupport.com. We’re happy to answer all your questions.

Process Serving In Canada

Although the US has a close relationship with our neighbor to the north, process service to Canada is still “international.” As with any foreign country, you must follow specific rules in order to effect service properly.

Canada is a part of The Hague Convention. Each jurisdiction has its own rules for service, so everything depends on the individual jurisdiction. The Hague Convention allows us to request a foreign nation to serve an individual or business located in their country.

The Hague Convention also works in reverse: a Canadian person or company can serve a defendant that is located in the US.

How It Works

Comply with the Hague protocols. Ensure all documentation is prepared and gathered correctly. Some Hague forms will need to be signed by a lawyer, a court official, or someone who is commissioned by the court. Non-lawyers cannot sign the Hague forms.

When completed, you’ll need to send it to the appropriate Central Authority (Canada Has 13 C.A’s) in the province or territory where your defendant is located. Depending on the location, the documents may be required to be translated into French Canadian.

Service In Québec
Even though it’s part of Canada, if your defendant is to be served here, it’s still different, since it’s not a common-law province.

• Canada’s declaration to Article 5(3) states that all documents must be translated into French, the official language of Québec, even if the recipient’s first language is English. This includes the summons and the complaint.

Why the difference? Québec was a French outpost until the British took over in the 1760’s. Its laws are based on civil law, not common, and French is still the predominant language. When submitting documentation to the Québec central authority, everything must be translated into French Canadian, or it will be refused and returned. Translation to French Canadian is required even if the defendant speaks and understands English perfectly.

Alternative Service (Get Service Done In A Week?!)

Yes, that’s right! we can assist in getting your documents served extremely fast.

There are a few forms of service allowed under The Hague Service Convention, Article 5 and Article 10, both of which are permitted throughout Canada. Article 5, is the formal method explained above but Article 10, allows us to use a certified agent to serve your documents directly! We have over 600+ certified agents worldwide, that can deliver documents directly to your defendants, so please give us a call, and we can provide you a quote.

Benefits:

• Typically, Cheaper Than Formal Method
• Much Faster Turnaround Time (1-2 Weeks, Compared to 1-3 Months for Formal Method)
• No Translation Required (If Defendant Speaks English & Is Located In Québec you Don’t Have To Translate)

Cons:

• If you are seeking a monetary judgment then, we typically don’t recommend going through this route. This is the informal method which why it’s only recommended to clients who don’t expect the opposing counsel or Judge to question the validity of the service.

Certified Legal Translation

Even if you’re serving someone in the English-speaking part of Canada, you must still make sure that the documentation is in a language they understand. That means if your Canadian defendant is, say, Japanese, you may be required to serve papers translated into Japanese as well as English.

But because French is the official language of Québec, all documents must be translated accordingly, no matter the primary language of the recipient.

A legal translation is more than just taking documents written into English and turning them into French (or other language as required.) It’s the process of translating a type of documents, whether legal, medical, engineering, or other type of specialty documents into a second language and ensuring that it’s correct. Our certified legal translators are experts that handle specific types of documents and can translate them accordingly.

By Legal Pros. For Legal Pros

Do you or your firm need to serve someone in Canada, in another city, or right in your city? Judicial Process and Support is ready to help no matter where you need service of process. Based in Miami, we work with clients worldwide to ensure that your process service is completed in accordance with the state or country’s requirements.

International Service of process is important in any case, so don’t risk a refusal and return. Make sure that your service is correctly carried out, no matter where the other party resides. You can call us today at 1-800-852-5002, or email us at Global@JudicialSupport.com. We’re happy to answer all your questions and get you the services you need quickly.

International Process Serving 101

Getting legal service on someone in the United States—whether a company or an individual—is a pretty straightforward process. But when the other party is outside of the US, it’s an entirely different matter, and depending on the country, the process can take as long as a year or more.

Since the company or individual overseas may not fall under US jurisdiction, you and your legal counsel will have to follow certain rules. This makes service more complicated, but it is not impossible.

Different countries subscribe to different service methods, and it’s important to know which one you’ll need to follow. It starts with what country the party lives in.

The Three Methods

There are three ways to serve a company or individual in a foreign country, depending on where they are.

1. The Hague Convention — The Hague Service Convention is a multilateral treaty that simplifies the international service process so that defendants are notified of suits and other legal actions against them and facilitate proof of service in another country. Begun in 1965 and effective as of 1968, it establishes an effective system for parties to render service in a large number of member countries. Under the Hague Convention, the application which is necessary is the USM 94. Normally, the USM 94 is executed by the attorney of record, however, in some instances, some countries require the USM 94 to be executed by the Clerk of the Court or the Judge assigned to the pending matter in the United States.

Civil and commercial matters are handled, but not criminal. A request is sent to the country’s Central Authority, the designated bureau that is set up to receive and handle these requests. 

You can find a complete list of countries served by the Hague Convention here.

2. The Inter-American Convention — similar to the Hague Convention, this one is signed by the US as well as a dozen countries in Latin America:

• • • • Argentina
      • Brazil
      • Chile
      • Colombia
      • Ecuador
      • Guatemala
      • Mexico
      • Panama
      • Paraguay
      • Peru
      • Uruguay
      • Venezuela

When serving legal documents through the Inter-American Convention the Requests from the US are executed by a US judge and the Central Authority in the US. Once received by the foreign court, the judge will review and approve the request before service is rendered.  The major difference in serving through the Inter-American Convention is that the USM 272 is signed by the Central Authority in the United States and sent directly to the Court in a foreign country bypassing the Central Authority. Also, in the USM 272, the attorney of record in the United States can assign local counsel in the foreign country “to act in connection with the Letter Rogatory”.  The information of the local council is placed at the bottom of page 1 to the USM 272. We like to refer to this as “boots on the ground”. 

This process generally takes four to six months, depending on the country. Like the Hague Convention, documents must also be translated into the country’s official language.  

3. Letters of Rogatory — In the absence of one of the conventions, the US Department of State can help. If the other party is not a member of the Hague or Inter-American Convention —  a Letter of Rogatory can be issued to accomplish service. This is a request from a US judge to a foreign authority in another country requesting service or other acts. Without the foreign court’s permission, the act would violate the country’s sovereignty.

These letters are usually sent through diplomatic channels, which can be time-consuming and take a year or more. A major difference with serving Letters of Rogatory is that all the documents being served must be certified by the Clerk of Court and then an Apostille would be necessary to authenticate the documents. A Certificate from the United States Department of Justice and an Apostille from the US Department of State are necessary in Federal matter. 

Note that if your case involves monetary damages, these are your only options for service. Using a private process server and bypassing the Central Authority of the foreign Court means that any judgment you receive will not be enforceable.

Will You Need Translation?

In countries where English is not the official language, a legal translation is generally required, even if the party speaks English. The Central Authority will review your case documents in the country’s native language, so it has to be translated from English in order to be reviewed.

The more difficult or complex the documents are, the more time will be needed for the translation. However, we translate over 100 languages and can offer you a quote to ensure your documents are accurately translated.

Caveat — The Correct Address

It seems like a simple thing, but if you do not have the correct address and the exact name of the company or individual you are serving, there’s a good chance your service will not happen.

You may be able to Google an address, but it’s also best to confirm the address with the company or individual directly. The full address must be listed on the summons. If there is any problem with the address, delivery will be denied.  

Private Process Servers

Question: Is it possible to bypass the governmental agencies and just find someone to perform service?
Answer: Yes, but as a rule, we do not recommend it.

Private process servers are available in many countries, at a cost of five to ten times what the standard formal process costs. However, some countries, like China, will not allow any form of informal process service—you have no other choice but to go through the Central Authority.  

In most cases, you will need permission from a US judge to attempt a private process server. Once granted, you can proceed.

More than 90% of service cases use the standard formal process. Private process service is an informal service, your party may be served faster, but the higher expense and the possibility of an invalid service mean that it may be better for the client to be extremely patient and use the country’s standard process for service. If you truly wish to use a private process server, contact us and we can advise you on which countries allow service through a private process server.

International Service When You Need It

Process serving in another country can be daunting, but it does not have to be difficult. Let us help facilitate service wherever the defendant is located.

Since 2000, Judicial Support has offered efficient domestic and international process service to law firms of all sizes, as well as non-law firm clients. We work with clients nationwide for process service anywhere in the world.  We can make sure your process service is done correctly, in accordance with the state or country’s requirements.

Process Serving in China

It’s not unusual for a US company to be involved in litigation with non-US based trade partners. Increasingly, it’s also more common for individuals to be involved in multinational cases for family law matters including divorces and child custody. In a domestic case with a US Court, a Summons is served, the other party is notified of the litigation, and the case proceeds. This is true of any type of litigation in the United States.

The rules change when the defendant is in a foreign country, and where US law doesn’t apply.

If your other party is in China, regardless of whether it’s a business or an individual they must be served using the Hague Convention process. Process serving is a completely different ballgame in this country.
When serving legal documents in China – the foreign authorities will follow the local rules and regulations set out by China. If you’re planning to have service on a party, whether an individual or an entity in China, the rules are very specific, and you must follow them exactly.

 

I. The Hague Convention
China is a country that is under The Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters. In order to serve a party there, your request for service must be done by the Hague Convention Treaty.

All English documents must be translated into Simplified Chinese (Mandarin). Without legal translation, the Central Authority will reject your request. The translation is required under China’s declaration to Article 5(3).

It’s a good idea to hire a private investigator to locate the correct address for service. This is extremely important—if the address isn’t correct, your request can be rejected by the Central Authority, local authorities, or anyone else involved with the service.

You’ll also need to fill out all Hague paperwork. These are forms under the Article 5 request under the Hague Convention. Although it comes in English and French, if you’re serving a party in China, you will need to translate this Form as well.

II. The Central Authority
This is the country’s office that is designated to receive and process the paperwork for your request for service. They are also responsible for deciding whether to send your information to the Chinese Supreme Court.

Once the Chinese Supreme Court receives the paperwork, they will assign a case number and submit it for review by a judge. The judge reviews your request and then decides whether or not to order service.

After service has been made, the affidavit will be returned to the U.S. If you hire Judicial Process and Support to take care of your international service to China, it will be returned to us. At that point, we will hand it over to the attorney handling the case here in the U.S. The attorney will request a legal translation from our offices, and then submit it to the U.S. Court for filing in the Court’s docket.

III. Paying For Your Service
Although the Convention prohibits charging a fee, the US government charges $95. The Chinese government requires a fee of $95 “reciprocal fee” for the execution of service requests from the U.S. in order to process your service.
This fee must be sent to Beijing by wire transfer to the Central Authority. They will accept funds in no other fashion. If you don’t, your service will not happen, and your documents will likely be returned to you.

IV. Hurry Up And Wait
One of the biggest components of process service to China is that you must have patience—quite a bit of it, in fact.
While Judicial Process and Support works hard to provide fast, efficient service, the Chinese government does not. It may be as long as 6 months or more before you receive your proof of service from the Chinese government.

V. Are There Any Alternatives?
Unfortunately, the answer is no–there aren’t. China objects to any other method of process service, including in-person and by mail. Any attempt to go around their prescribed method of requesting service will be denied.

By Legal Pros. For Legal Pros.
Need to serve someone in China, in another city, or right in your city? Judicial Process and Support is ready to help no matter where you need service of process.

We’ve worked with small, medium and large law firms and other clients, offering five-star service in international service of process and translation into over 100 languages. Although we’re based in Miami, we work with clients worldwide to ensure that your service of process is completed in accordance with the State or Country’s requirements.

Service of process is important, especially with overseas parties, so don’t take chances. Make sure that your service is completed the right way, no matter where it is. You can call us today at 1-800-852-5002, or email us at Global@JudicialSupport.com.

We’re happy to answer all your questions and get you the services you need quickly.

Take a look at this successful Chinese Service of Process we have on our YouTube Channel.