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International
Service Up-date Mexico
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. Since we have been in business for 29 years, we 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: Mexico is a signer of the Hague Service Convention that governs service of process to be effected between participating nations. However, Mexico has recently changed its policy (without proper notification) that they require formal service by Letters Rogatory. We have determined that many officials who process international requests for service, in Mexico, do not fully understand the provisions of the Hague Service Convention. While they are incorrect in their legal conclusions, that is their current position and it must be followed. Letters Rogatory is a request from the local Court seeking judicial assistance of the Courts of the jurisdiction where the documents are to be served . Although it is a very cumbersome and time consuming procedure, it is required by the Mexican government. We will handle everything for you. Upon
receipt of your assignment, we will prepare Letters Rogatory and return them to
you for issuance by the Clerk of your local Court. You will return them to
us and we will arrange for translation, as well as translation of the service
documents. The
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, Spanish. The
time frame can range from 2 to 5 months (recently 3 months).
If you anticipate attaching assets in Mexico, this is the recommended
method of service. Advantage:
Enforceable judgment; 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 some Latin American countries.
Service sometimes may take several months but informal service is
sometimes 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 will not be enforceable Mexico; cost. 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: Service of process: Formal = $ 825.00 ← Most common method Informal = $ 975.00 All
fess are per defendant/address
Translation:
$0.38 per word (proper
nouns not translated) declarations: 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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Process Service Network is a registered trademark. Copyright @1998- 2007. All rights reserved.Phone: (800)4-1-PROCESS or (800)417-7623 or (818)772-4796Fax: (818)772-4797Mailing address: 20832 Roscoe Blvd. #110, Winnetka, CA 91306 E-mail: processnet@sbcglobal.net |