Due Process is a fundamental concept of fairness and Justice incorporated into law at the highest level; it is Constitutional. In essence, due process prohibits state and local governments from depriving persons of life, liberty, rights, or property without certain steps being taken to ensure fairness. In a lawsuit filed in the United States for example, when the defendant is subject to the Jurisdiction of the US court, based on domicile, physical presence, or minimum contacts with the State, it is possible to proceed with the case before the US court without issues of Due process or Jurisdiction., so long as the defendant is served with due process by one of the methods existing on the procedural rules of the state law in which the Court may be located.
However, what if the defendant lives in another country? Is it the same as in the US?
For example, if the party which you are trying to serve with a lawsuit, or a legal petition is located in Mexico., can you really send your documents by mail and simply pretend that such method of service is valid in the entire world just as it is in the US?
Or, what about “personal service” upon a defendant resident of another country? Are you sure that personal service is permitted in other countries just as it is in the US? Translations required?
You will find your answers here with us. For example, you should be aware that in Mexico, there are basically only two methods of service of process permitted by law. One is by formal notification made by an official court clerk who is usually referred to as; “Actuario” or “Notificador”. His job is simply notifying the parties about any procedural activities in the case. It is an employee of the judicial authority and not a private citizen. The second method is by publication, and it might be used only in the event that one of the parties is not located, or in other circumstances as prescribed by law. Service by mail is not permitted. Service by private personal service is no permitted; service by US consulate involvement is not permitted, (unless served party is a US citizen).
Based on the above, in the most recent years more and more US courts have decided to require that in order to ensure fair due process, a party seeking to serve a defendant who is located abroad, shall made such service pursuant the procedure established by the “Hague Convention”.
“The Hague Convention for the service abroad of Judicial or Extrajudicial documents on Civil and Commercial matters”, is a multilateral treaty which has been signed and ratified by the United States of America, in (1967)., and by Mexico in (2000)., and by other 65 Countries which are currently fully participants of the convention.
The Convention establishes the procedure and the substantive international law, which can be used to serve with process a defendant who is located abroad. Thus, if you are a lawyer or a Plaintiff and want serve with legal process in Mexico or somewhere else, under the Hague Convention procedure, you need to consult with an expert in Private International Law, who can help you to make the process of the Hague Convention more easy and convenient for you. Within the convention, there are different ways to do the process of serving the documents. One of them allows a party to retain a private counsel to file the proper documents before the proper judicial authorities without delays caused by bureaucracy, ensuring efficiency and promptness for the execution of service as quick as possible.
We are certain that you may be asking yourself right now, how do they do it? How long does it take? How much does it cost? So, why don’t you call us now and discuss your case with us, we know we can help you! We are here to help you! Even when we are truly experts on these types of cases, we don’t charge for any consultations, and your call is more than welcome.
Call us now!