International Service Up-date

Brazil (Brasil)

             Process Service Network is one of a few firms that specializes in international service of process and offers competitive rates on foreign services.  Here is a summary of the methods available for service outside the United States and a specific proposal for the requested nation.

             Our job is to cut through the bureaucracy and red tape to get the service completed with as little delay as possible.  We have been in business since 1978 and have developed close working relationships with key individuals in most countries throughout the world.  The founder and President of Process Service Network was a Political Science major in college with a focus on international relations and is actively involved in a worldwide organization through which he has developed business relationships in over 80 nations.

FORMAL SERVICE:

                BRAZIL is not a signer of the Hague Service Convention.  The formal method is Letters Rogatory, a request from a court in the United States to a court in a foreign country requesting international judicial assistance related to service of process. The Inter-American Letters Rogatory Convention on Service governs this method of service. If you anticipate attaching assets in BRAZIL, you should strongly consider this procedure. The use of this method is not recommended by the U.S. State Department, unless attachment of assets will be necessary after obtaining a Judgment, given the habitual time delays. Treaty service can often take 4-10 months or more to effect. Currently, Brazil has a typical turnaround time of approximately 5 months. 

     Service through the Inter-American Convention requires 7 pages of treaty documents. All documents to be served, including the 7 pages of treaty documents, must be translated into  Portuguese.

     In order for us to prepare the necessary documents and facilitate the service, we require the following:

       1.Three (3) complete and legible sets of the documents to be served;

       2.Name of the judge (in originating jurisdiction) who will be signing the request;

       3.Name, address and telephone number of the court (your court);

       4.Name, address and phone number (if known) of the entity being served;

       5.Name, address and phone number of the plaintiff for who service is being requested;

       6.Fees are due in advance and will be quoted prior to accepting the assignment.

       7.Translation of all documents.  If we are to provide the mandatory translation, we will bill you for the translation.  However, translation fees are payable prior to commencement of service.

        Advantage:    In effect, creates a case in the country where the documents are served and makes judgment enforceable.

        Disadvantage:   Time delays and costs.

INFORMAL SERVICE:

                 Private process servers may serve documents in most countries, whether a signer of The Hague Service Convention, or not.  Service is normally handled in a manner similar to methods used in the United States, although completion of the service usually takes longer. Customs and traditions in other countries tend to lead to a slower pace and less rigid work habits, particularly in Latin American countries.  Service sometimes may take several months but informal service is generally much faster than the formal method. The most recent service took 6 weeks. Many process servers who we employ are off-duty police officers or other government officials who are able to, in certain cases, exercise their official capacity to complete the service. Since we pay the process server a bonus (at our own expense) for prompt service, the normal delays are usually reduced. 

 Disadvantage:    Judgment may not be enforceable in the country where assets are  located.

 TRANSLATIONS:

                 Some countries require the documents to be translated into the official language of the nation where they are to be served. PORTUGESE is the official language of Brazil. The U.S. State Department recommends translation, but it is not a requirement unless the formal method is used.  It is possible, although rare, that a demurer could be filed based upon lack of understanding by the defendant as to the nature and meaning of un-translated documents.

 COSTS:  

 UP-DATES:

                 WE PROVIDE formal declarations on the status of the service upon request, as required by your court, at no additional charge.

 DISCLAIMER:

                 The information contained herein is provided for general information only and may not be accurate at the time of service in a particular case or country.  Questions involving specific services should be directed to our office.  Care should be exercised in choosing the method of service (formal/informal) if eventual enforcement of a U.S. judgment is anticipated in the country where the documents are to be served.  No legal advice is intended in the statements contained herein.  Assignments for international service of process are accepted on the basis that the assigning law firm has researched all applicable laws.  Process Service Network and its agents assume no liability for its actions in the course of any phase of the service of process assignment.