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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37395
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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Does civil litigation requires personal service or substitute

Customer Question

Does civil litigation requires personal service or substitute is ok? If you can't find the person, can you serve them at known address abroad?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good morning,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. I am a CA licensed attorney. You may sub-serve at the residence of the other party in the US> However, if they live abroad, you must serve them through either the rules of the Hague Convention, or if the country is not part of that Convention, then you would have to serve through other political/legal channels in that country (Letters Rogatory through a court). You really want to use a company that handles overseas and foreign country service of process for cases filed in the US. Here is a link to a couple of such companies: https://www.abclegal.com/services/international-service-of-processand,https://www.civilactiongroup.com/index.php?pr=International You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Customer: replied 1 year ago.

Ok thanks for the info. I will take a look into it and let you know if I have any followup questions.

Expert:  LawTalk replied 1 year ago.
Thank you for your kind words. They are appreciated.Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.Thanks in advance.I wish you the best,Doug
Customer: replied 1 year ago.

Actually I do have a followup question now. Can you explain more about:

"Serve them through either the rules of the Hague Convention, or if the country is not part of that Convention, then you would have to serve through other political/legal channels in that country (Letters Rogatory through a court)"?

Expert:  LawTalk replied 1 year ago.
Sure, You cannot simply mail a summons and complaint from the US to another country, and you can't use a private process server to serve it on the other party either. Complicated rules in foreign countries are in effect as to how a summons may be served abroad for a case in the US. That is why you will need to use a company that does this specialty service every day to assist you. You cannot do it on your own. Doug
Customer: replied 1 year ago.
Hi I will rate you now and follow up later, how is that? Thanks
Expert:  LawTalk replied 1 year ago.
That will be just fine.Doug