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International
Service Up-date India
Process Service Network
specializes in legal service in India and is one of the few firms that handles
international service of process and offers competitive rates. The following is
a summary of the methods available for service in India as well as a specific
proposal for process service. 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 CEO 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. He is also an International Circle member of the World Affairs Council. FORMAL SERVICE: India is now a signer of the Hague Service Convention. Service may be made by formal service through the appropriate Central Authority, which itself arranges for service by methods prescribed in India. The time frame typically ranges from 3 to 4 months due to bureaucratic procedures since India only recently became a signer of the Convention. Advantage:
Enforceable judgment. Disadvantage:
Time delay and cost. INFORMAL SERVICE:
Our office in Mumbai/Bombay coordinates all services in
India.
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 slightly longer.
Service normally takes less than a month. However,
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. 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 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 (not India) 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.
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. UP-DATES:
We will be pleased to provide any necessary formal Declarations to
satisfy your Court of our progress, as needed, at no additional charge. COSTS:
declarations:
We
provide any necessary formal Declarations, under penalty of perjury, that the
Court may require as to the progress and status of the service (at no
additional cost). WARNING: Beware
of companies that quote suspiciously low rates.
They often come back later with an excuse for an additional charge.
Our rates are firm for one address quoted.
Other companies are actually brokerage firms or website developers, not
process service agencies, who farm out assignments to secondary companies that
are not knowledgeable or qualified on international service of process. 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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