Service of Process

Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person’s residence or place of business or employment. In some international cases, service of process may be effected through certified mail as in some small claims court procedures and in exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication (edict) when an individual cannot be located in a particular jurisdiction.Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff. The defendant may contest the default in his or her home city, state or country. Service of process must be distinguished from service of subsequent documents (such as pleadings and motion papers) between the parties to litigation.

As indicated in the preceding paragraphs, if your interest is Peru then you must take into account that since Peru is not a signer
of The Hague Service Convention¹ , there is no formal method service of process per se, hence its only service options are depicted in the Inter-American Convention on Letters Rogatory, which in summary are the following:

INFORMAL SERVICE: Private process servers may serve documents in most countries, whether a signer of a convention (treaty), 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 Peru as well as in neighboring countries tend to lead to a slower pace and less rigid work habits. Service sometimes may take a couple of weeks but informal service is generally faster than the formal method. Many of our process servers tend to be in law enforcement or other government officials who are able to, in certain cases, exercise their official capacity to complete the service.

LETTERS ROGATORY: This is used for obtaining evidence or serving pleadings in countries that are not signers of the Hague Service Convention. They are 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 may result in habitual time delays of up to six months in the execution of requests. This method should only be used if no treaty is in force or if a Subpoena is being served.

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

Disadvantage: Serious time delays and considerable higher costs.

Other countries that are not signatories of The Hague Service Convention are: Brazil, Bolivia, Colombia, Chile, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay and Uruguay.

Monteblanco & Associates Process Service Network specializes in legal service in Peru and throughout South and Central America. Our objective is to cut through the Latin-American bureaucracy and red tape to get the service completed with as little delay as possible. The founder and Managing Partner of Monteblanco & Associates Process Service Network is an Attorney At Law specializing in International Child Abduction under the Hague Convention who has developed close working liaisons with other professionals in the field throughout South and Central America.

As an experienced Law Boutique, we are very familiar with the complexities and intricacies of International Process Service and the lack of professional and reliable services capable of meeting American standards of quality in terms of results.

There are those that in spite of being located outside the Latin-American region assert familiarity with local laws, customs and current practices in the countries where documents are to be served. Nothing could be further from the truth. If you are not familiar with how to serve a process in Ecuador or what the requirements are for Colombia, Brazil or Peru, then you will most likely not meet the required due process. We have physical offices in nine (9) countries in the region and are strategically located in hubs that serve as a distribution centers for remaining eleven (11) countries in South and Central America and its ten (10) dependencies.

To consult a professional regarding your specific case please call our US Line or write us at info@peruvianlaw.com.

Highlight of our Service of Process in Latin American

• An extensive network of process servers throughout South and Central America that will get your documents delivered in a timely and professional manner.
• We Serve your documents through proven methods or custom orders that are accepted in all courts in the United States, the EU and non-EU countries.
• We are able to provide you with turnkey, special custom instructions Server Services for all 20 countries and 10 dependencies in the region.

OFFICIAL TRANSLATIONS: Most countries require documents to be officially translated into the official language of the nation where they are to be served. For the most part, South and Central America only have Spanish and Portuguese. However, although rare, it is possible that a demurer could be filed based upon lack of understanding by the defendant as to the nature and meaning of un-translated documents, hence it is important that the Defendant understand the nature of the documents. Please note that by official translation it is meant that the documents will be translated by a certified translator registered at the ministry of Foreign Affairs of their specific country for whom they offer official translation to and are thus registered at the corresponding entity that registers and regulates official translators.

In the event you wish to retain our Process Service services, this is what we will need from you:

International Service of Process

1. If sending via email (when applicable), a PDF version of the service documents combined into one (1) file.
2. If sending via FedEx, DHL or UPS (for the most part), send three (3) originals and two (2) copies of the documents to be served.
3. A letter of instructions advising us the defendant’s name, service address (home or work), and requested method of service (i.e. formal or informal).
4. Payment for the service fees in U.S. dollars.

Note: The presiding court in your jurisdiction may not require translation but we recommend it. Since each case is totally different from each other, sometimes pictures of the person to be served are requested. Additional steps such as notarization of Sworn Affidavit of server is sometimes requested and thus subject to additional fees.

Feel free to Contact Us to discus your specific case.

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¹ http://www.hcch.net/index_en.php?act=conventions.status&cid=17#nonmem