Process service in China is a long-term process in a country with strict requirements. In order to serve process to a defendant in China, it’s imperative that you follow the instructions of both The Chinese Central authority and the Hague Service Convention.
The country acceded to the Convention of November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters on May 6, 1991. Commonly called the Hague Service Convention, China implemented its provisions on January 1, 1992.
To avoid overloading the Chinese court system with multiple service methods from different countries, The Hague Convention simplifies international process service for the member countries into one or two methods.
Judicial Process & Support understands how the Hague Convention is applied in China. We offer Hague Service Requests for law firms and other clients who have a need to serve process on either an individual or a corporation located there. Using the Hague Service guidelines, we work to make sure that your final affidavit is accepted by your local court.
The People’s Republic of China (PRC) has a very complicated bureaucracy because of its much larger population and bustling economy. As a result, effecting service is a long-term project with substantial challenges.
When we receive your case, we’ll prepare the Hague paperwork, and our team will also translate and certify all of the case files and other related documentation. After completion of the Hague paperwork, our staff certifies and translates all case files.
Once completed, the appropriate party will then sign the Hague paperwork. We then package the file according to the Hague Service Convention’s rules of compliance. After approval, we will ship it directly to the Central Authority of China in Beijing.
Be patient—service could be many months to more than a year before the documents are served to the defendant. Although the Central Authority doesn’t provide status updates, we are able to request update information. Once the service has been made, the agent signs a Hague Affidavit that’s then approved by the Central Authority.
Once we receive the final affidavit from the Central Authority, we translate it into English and certify it so you can file it with the court so your case can continue.
Performing a Hague process service in the PRC takes at least 6 months, and frequently more to complete.
This is primarily because of the agency within the Chinese court system that processes Hague Requests in China. Should you have a need to accelerate the service of process, you have the option to hire an in-country attorney for help.
Hiring a Chinese attorney will increase the cost of your service in China, but will also speed things up and reduce the time you’ll wait for proof of your service. We only suggest hiring a local attorney to clients who need to shorten the time of service. This is an optional service for those who have an immediate need for service.
Anything sent to the Chinese Central Authority for process service is required to be translated into Mandarin.
This is a requirement even if the party is a native English speaker. The workers at the Central Authority will likely only speak the national language. Therefore, the documents must have a certified legal translation so that they can review your Hague documents for compliance. The documents must also be written in a language the defendant understands to comply with the requirements for due process in the US. Should the defendant speak neither English nor Mandarin, you will also need a certified translation into a third language. Translations are also required to include a certificate of translation, so using someone who is simply bilingual is not sufficient. You’ll need someone who specializes in legal translations. This is a translator who understands the legal terminology used in the documents, and is able to certify that everything is properly executed.
Judicial Process & Support also offers legal translation and certification for your Hague Convention documents for service. Submit your quote request here, and we’ll be happy to help.
Request A QuoteOne of the most important aspects of international process service to a defendant in China is to ensure that the physical address is accurate. This is especially important if the defendant is an individual. Otherwise, you’ll be waiting at least a year before you
discover that the address was inaccurate or obsolete.
Unlike other countries, China opposes service under any other method but Article 5, and officially prohibits service under Article 10(b)’s (mail and in-person). They request that service go through the Central Authority in Beijing.
We also offer the option of informal, in-person service that’s faster than the months-long official service process through Beijing. It’s possible that the opposing counsel will question the service, rendering it invalid and allowing them to win. Using in-person service isn’t recommended for cases where a monetary judgment is involved.
Sometimes, time is of the essence in a case. Because some of our clients request this accelerated in-person service understanding the possible risk, we can have our agent serve your party directly in less time than it takes than the Central Authority. If you’re interested in in-person service, contact us today for a quote for our informal service.
You cannot serve a subpoena using this method. .
We can help with the entire process, with certified legal translation, locating a defendant, and properly preparing your package under the Hague Convention rules.
Judicial Process & Support has the experience and expertise to ensure that your Hague application is done correctly, is accepted, and that the final affidavit for service is accepted by the court in your case.
Many countries like China have requirements that may not be readily disclosed. Without knowing them and complying, your application for service could be denied. Since the process can take longer than a year before you are notified, we work to ensure that it’s done correctly the first time.
We Take Care of The Whole ProcessJPS has successfully many defendants in the People’s Republic of China. In this video, you will see how the final affidavit of service looks like when returned to us.
When serving internationally one little mistake can cost you a year or more in delays. Don’t allow yourself to lose time and money. Send your documents to us and we will take care of the rest.
Witness fee check is payable to the person being served.
The fee is a flat rate of $7.50 for State Court and $45.00 for Federal Court.
In Florida — Federal Court is $40 flat rate plus .35 cents per mile and Florida State Court is a $5 flat rate plus .06 cents per mile. Non-Florida State Court cases fees vary by state. Consult with the court in that state to determine the fee. In Florida, a typical witness fee check in State Court will be $7.50. A typical witness fee check for a Federal case will be $45.00.
In Florida, if you are not requesting the witness to testify you do not need to put a witness fee check. If you are requesting the witness to produce documents — the person or company producing the documentation may require you to pay for the copies in advance. Contact the company directly and request this information prior to serving the Subpoena.
It varies by State and type of case. Call the court where your case will take place and they will be able to identify the exact amount. Also, we always recommend checking the Court’s website which is full of information.
Checks are payable to “Clerk of Courts”
Yes, as a process serving company we have the ability to file the executed affidavits with the Florida e-portal system. If the matter is a Federal case – then the attorney of record will file the affidavit through the Pacer system directly.
Your legal documents can be emailed to Serve@JudicialSupport.com and you will receive a confirmation email once it has been received and processed.
Please note: Any documents over 30 pages will be invoiced at .10 cents per page
When a case is filed in the United States you can serve that defendant anywhere in the United States. For example, we can serve an individual at his place of employment. We can also serve this defendant at a restaurant or at a business meeting. In addition, we can serve this defendant at a trade show or at Court. As long as the service of process is conducted — Monday through Saturday we can serve anywhere.
In Florida, every State Court will charge $10.00 to issue your summons. Most Courts will issue the Summons online, however, some courts like Miami-Dade are still issuing in person.
Judicial Process & Support is uniquely positioned to service law firms so the bulk of our clients have custom pricing based on volume. If you are a law firm seeking new litigation support services you can request a price quote by emailing us at serve@judicialsupport.com
If you are an individual or seeking less than 10 services a month then process serving rates start in the range from $80.00 for rush service. An attempt is made within 1-2 business days for Miami Dade County services. Anywhere else in Florida the fee is $80.00 and service is attempted within 3-5 business days.
We recommend standard service for those cases that you have ample time to serve. For example, if the Court date is at least 30 days, the process server will be able to make ample attempts.
If your pleading is short dated — then we would recommend the rush service. Rush service is typically attempted with 1-2 business days. This service is also recommended for those instances where the defendant will be at a certain place at a certain time and you want the process server to be there. These services have a better and quicker outcome.
Same Day Service is used when you have an Order to Show Cause or a Writ of Garnishment and its in the best interest of the party to get these pleadings served immediately. Same Day service can also apply to that special service where you have a particular date and time to serve the defendant.
In Florida, if the defendant listed in the documents cannot be found, the court may allow service by publication in a newspaper. This method is perfect for Family Law cases and Foreclosure matters. In order to publish, the Court will require an affidavit of due diligence. In addition, the affidavit will need to be precise as to how many attempts were made and the outcome of those attempts. Finally, the attorney will have to demonstrate that there is no other address for the defendant that can be attempted.
In Florida, the defendant nor the witness has to receive the documents in hand. If the process server has properly identified themselves and advised about the contents of the documents — the legal documents can be left on the floor, on the table or outside their home. This information must be reflected on the Affidavit and filed with the Court. Also, it should be fully disclosed on the paperwork (field sheet) that the process server will keep in the office. This documentation is great in the event the process server has to testify in Court.
An Affidavit of Service is also known as a Proof of Service. This document is a signed document provided to you upon completion of serving your documents. In Florida we do not require the Affidavit to be notarized; however, many other states have this requirement that we can comply with. Often times, if the defendant cannot be served the Affidavit provided, will be a Due Diligence Affidavit that will be filed with the Court. This Affidavit will be useful in the event you want to serve the Secretary of State under 48.161 or 48.181 where the whereabouts of the defendant(s) are unknown.
A Process Server serves legal documents to the defendant, individual, or Corporations listed on the legal documents being served. Once the documents are served, an Affidavit of Service is prepared and filed with the Court. In Florida, the process serving company also files this Affidavit with the Florida e-portal system.
In Florida, all Process Servers serving non-enforceable process must be licensed. In order to serve a Summons and Complaint you must have a valid process serving identification. This identification must be presented when serving process and also the Process Server identification number must be listed on the Affidavit of Service.
Not all states require a process server to be licensed. However, some states require that process servers be registered in their county or state, or appointed to serve in a specific county.
If an attorney has filed a lawsuit in Florida and now wants to serve a defendant in New York then the process is to contact a process server in that jurisdiction to conduct the service. Local process serving companies can assist with this process since they have worked with local process servers around the country and have vetted these process servers to be adequate.
When service of process was first established it was performed by sheriffs or deputies, and agents of the court. This became very challenging and a burden to those authorized to serve process. They realized that they alone could not handle all the services that needed to be served and this is how Private Process Serving came about.
In Florida, a Certified Process Server is either Certified by the Chief Judge or appointed by the Sheriff in that county. In Florida, the Process Servers are tested each year or have to attend a few hours of education in order to renew their licenses. In Miami-Dade County we are required to also have a yearly bond that we provide the Court. The Miami-Dade County Courthouse has a designated Director for the Process Serving Division and they are responsible for every aspect relating to licensed Process Servers in Miami-Dade County.
Other states across the country have similar programs established. Each state is separate and has their own rules on Service of Process and the appointment of Process Servers in their States.
Hiring a Legal Process Server is the first step to moving your case in the right direction. Without service of process, the case is not able to advance to the next stage. Normally, the attorney filing the case on your behalf will hire the process serving company. Process servers have the skills and experience to serve your legal documents in a timely manner and in Florida, we are either Certified by the Chief Judge or appointed by the Sheriff of that county. Process Servers are savvy with the rules and regulations governing process serving – in Florida its Chapter 48.
There are several key requirements associated with the rules of service of process. For example, when serving an individual at his place of employment we will need to serve him or her personally. Also, there are rules regulating the hours for service on a Registered Agent in Florida. In addition, in Florida, we are not allowed to serve anyone on Sunday unless the Court has entered an Order allowing this service.
If a service is not done in accordance with the proper rules– this can hinder your case from going forward or result in the dismissal of your case. Improper service may also cause undue delays which may affect court fees and attorney’s fees.
Service of Process is a term used in the United States to indicate a legal procedure requiring that each party in a case be notified if actions are taken against them in a court of law. This is considered due process and its extremely important in our legal system.
When an individual is sued he/she is referred to as a “Defendant”. Defendants are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, orders, motions and writs.
In Florida when a defendant is served with legal documents in State Court he/she has 20 days to respond to the Complaint. In Federal Court filings the defendant has 21 days. If no response is filed on behalf of the defendant a judgment against the defendant may be entered.
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