International Service Up-date

Ecuador

            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 and personal relationships in over 80 nations worldwide.

FORMAL SERVICE:

                Ecuador is not a signer of The Hague Service Convention.  The formal method for service in Ecuador is Inter-American Letters Rogatory (see below).  The treaty that governs service of process to be effected between participating nations specifies the manner of service.  Service may be made by formal service through the Central Authority which itself arranges for service by methods prescribed in that country.  Documents to be served in accordance with this method must be translated into the official language of the country where the documents will be served.  The time frame can range from 6 to 15 months.  The cost is generally 80-150% higher than other methods.   

Advantage:         Enforceable judgment. 

Disadvantage:      Time delay and cost.

 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.  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.

 LETTERS ROGATORY:

                 Letters Rogatory is 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 Peru, you should strongly consider this procedure. This method is time consuming, cumbersome, and should be used only when other options are not available.  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 of up to 2 years in the execution of requests.  Fees for this method of service are generally 100-500% higher than other methods.

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

                Disadvantage:   Serious time delays and costs.

 TRANSLATIONS:

                 Some countries require the documents to be translated into the official language of the nation where they are to be served.  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:  

We will be pleased to give you an exact rate if you provide a copy of the documents, in advance.

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.