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International
Service Up-date El Salvador
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:
El
Salvador is not a signer of The Hague
Convention. The formal method for
service in Honduras is the Inter-American Letters Rogatory Convention on
Service. For purposes of
information only, many countries are signatories to The Hague Convention
(treaty) that governs service of process to be effected between participating
nations. 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 3 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 EL SALVADOR. 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, attorneys, or
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.
Advantage:
Time and cost. 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 EL SALVADOR, 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. | ||||||||||||||
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