With a nationwide network of business process servers, we serve more than 1 million legal documents worldwide each year. It`s our bread and butter, and we do it well. ABC Legal Services 633 Yesler Way Seattle, WA 98104 USA(001) 206-521-9000internationalinfo@abclegal.com The Texas Court of Appeals considered whether Article 10(a) of the Hague Convention permits service of proceedings by mail. The court agreed with the well-established idea that the Hague Convention applies to all commercial and civil cases in which it is necessary to « transmit a judicial or extrajudicial document for service abroad ». The Texas court noted that the « majority opinion » concluded that Section 10(a) permitted service by mail, but held that because of the way the terms « service, » « service, » and « service » were used in section 10, the interpretation that the word « send » in section 10(a) to refer to service on defendants in legal matters, was wrong. The court based its decision on the idea that it could not be invoked by the plaintiffs to provide the defendants with timely notice. A lengthy dissent from Justice Christopher argued that the court did not follow the Supreme Court`s instructions in interpreting the contracts and erred in invoking federal and state law. ABC Legal is the country`s leading litigation and court registration service and the official trial server of the U.S. Department of Justice. Docketly is a subsidiary of ABC Legal and provides performance advice on a bespoke digital platform that integrates seamlessly with our applications and services.
ABC Legal`s applications are cloud-based and compatible for use on computer, browser and smartphone. Our solutions and digital approach ensure that process server partners, law firm clients and their clients save valuable time and resources when it comes to serving legal advice securely and with maximum compliance, control and transparency. ABC Legal is headquartered in Seattle, WA, with more than 2,000 process servers in the U.S. and internationally in more than 75 countries. To learn more about ABC Legal, our solutions and our docketly subsidiary, visit www.abclegal.com. Despite the fact that the Supreme Court`s decision in Water Splash v. Menon seems at first glance to offer a cost-effective and efficient way to serve defendants internationally by mail, it would be desirable not to rely on it too much. The court carefully pointed out that the Convention does not allow service by post. It only allows and limits it to situations where there are no objections from the foreign state and where it is legal in the forum for the respective case. In cases where there is a « central authority » or clear « diplomatic channels » capable of serving a defendant quickly and conveniently, it would always be desirable to receive such service.
To completely avoid the prospect of the challenges of proper service, it is important to thoroughly research the laws in local and foreign jurisdictions before relying on delivery by mail. The question of whether the Hague Convention permits international service of defendants by mail was raised by the Supreme Court in Water Splash v. Menon in 2017. It is common knowledge that the intention behind the rules governing the delivery of legal documents is to ensure that individuals or businesses are informed of legal proceedings against them. Disputes over proper service are common in state and federal courts and are sometimes used by defendants when they do not have the substantive defense of claims. With regard to international affairs, many countries have agreed to comply with the rules of the Hague Convention in order to create uniform expectations of international judicial proceedings. Nevertheless, there are often disagreements about how these rules should be implemented. The circuit courts could not agree on whether to allow international delivery by post. In 2017, the Supreme Court ruled that Water Splash, Inc. v.
Menon, which owns this delivery by post, is authorized under the Hague Convention. ABC Legal is the only contractor authorized by the DEPARTMENT of Justice to provide in-depth foreign services to U.S.-based individuals or businesses. For the purposes of service of documents, ABC Legal receives and processes incoming and outgoing requests for service in accordance with the Inter-American Convention. For incoming applications, ABC Legal receives the request from the foreign central authority, delivers the documents to the person and returns the recognized service certificate to the foreign central authority. Outbound delivery requests must be sent to ABC Legal by the party in the United States requesting the service. There may be other restrictions or reservations that require a special contract. Please consult a lawyer for more details on your individual case and circumstances. The U.S. Department of Justice is also offering additional resources here.
We offer special point-to-point delivery and subscription itinerary services in the Seattle/Puget Sound area to ensure your legal documents are picked up and delivered with proof of delivery. Where default judgments have been rendered against a defendant, challenging the legality of service on the defendant is a common strategy for setting aside the judgment. It is well known that service must comply with legal requirements, even if the defendant was indeed aware of the procedure and had sufficient time to respond. The question here is whether the Hague Convention allows the use of the postal service for individuals and businesses in the signatory states. Find the accused who don`t want to be found with our jump search services available to lawyers. Our certified investigative teams tirelessly track your defendants using the latest predictive technologies.