Process Servers

If you have to file a lawsuit against a banking institution or any other financial institution, it is critical that you follow the established procedure for proper and effective service of process. If you fail to follow the requirements your case could be delayed or even dismissed. Doing so, however, is not so simple. The necessary steps for properly serving a financial institution—domestically or abroad—vary depending on the applicable local, state, or international laws.

Serving a Bank Domestically

The laws in the state in which the plaintiff is attempting to effectuate service, as well as the particular bank being served, will affect the proper method of service. Not surprisingly, acceptable methods of service of process are affected by local laws—which can vary depending on the state. Generally, however, the best way to serve a U.S. bank is through its registered agent. If a bank does not have a registered agent in the state (some banks do not have one for every state in the nation), then the process server must follow the applicable laws for serving an out-of-state defendant—specifically, a corporation. There may be alternative methods of service available depending on applicable laws in the state where the lawsuit is being served.

Serving a Bank Internationally

Serving a bank or financial institution in a foreign country can come with its difficulties. In order to succeed when serving a lawsuit internationally you must carefully comply with the laws in which the lawsuit is being served and any applicable international treaties. Many foreign nations have signed onto the Hague Service Convention, which streamlines the international service of process for those countries who have agreed to the international treaty. Other nations, however, may mandate service through Letters Rogatory—a more complicated, costly, and lengthy process. Moreover, some countries still may have additional laws governing acceptable forms of service from abroad. Additionally, the required documentation may need to be translated to be considered acceptable in the receiving nation.

We Can Get the Job Done

Whether you need to serve a defendant domestically or internationally, let Ancillary Legal help you. Our experienced team will make sure your documents are served in accordance with all applicable laws so you can move your case forward. Elizabeth Gallo Court Reporting. 

It is no secret that divorce can be difficult. Rarely is the process seamless. If your soon-to-be ex-spouse is in another country, your life at home may have less emotion and drama but serving divorce papers will be more difficult than doing so domestically. This is because proper service is much more complicated than just sending documents by mail. In fact, to serve divorce papers overseas there are specific steps that must be followed to ensure they are served both effectively and legally. It is important to understand that each required step is determined by where your spouse is located and the jurisdiction of that location. Below is a brief primer on how to serve divorce papers overseas.

Serving Divorce Papers: Methods

Generally, divorce papers must be directly and personally served upon the non-filing spouse. It is also a general rule that divorce papers may not be served via mail or fax. If your spouse is living in a foreign country, you have at least the three possible options below for service:

● Waiver: If you and your soon-to-be ex-spouse are still on good terms, you can ask them to waive their right to personal service of divorce papers. Upon filing the signed waiver of service with the court, you will be allowed to serve the divorce papers by mail, email, or fax.

● Via Publication: If you are aware of where your soon-to-be ex-spouse is located, you can ask the court for permission to serve him or her via publication. Through this method, you will pay to post the notice of the divorce in a local newspaper for a particular number of days. By doing so, the court presumes that your soon-to-be ex-spouse has been properly served.

● Process Server: If your soon-to-be ex-spouse is being uncooperative and will not waive service, you can likely hire a process server in the country of residence to personally serve the divorce papers. Another method is preferable, however, because hiring a foreign process server can be pricey. Steps to Follow First, file the petition and summons with the court taking into consideration where most of your marital property is located. If you have multiple properties, choose the location that holds the most properties that you two jointly own. If you are seeking marital property located in another country, know the service laws there.

Second, find your soon-to-be ex-spouse and where he or she is located. You must follow the law
of the overseas jurisdiction and, thus, know and follow the legal way of serving divorce papers
overseas. In order to avoid delays and increased costs, it is critical to know exactly where your
partner is located.
Third, decide on your method of service. Consider several factors including whether or not your
partner will cooperate or evade service, the laws of the applicable jurisdiction, whether the
country is a member of the Hague Service Convention, and if the divorce papers need to be
translated into the native language of the home country.
We Supply Your International Service Needs
If you need to serve divorce papers on your spouse who is located overseas or need to serve any
foreign defendant you are suing, contact Ancillary Legal today. Our team has vast experience
with providing full-service legal support domestically and internationally, including service of
process. We can also assist with your deposition, court reporting, transcription, and videography needs at Elizabeth Gallo Court Reporting. 

Serving a Tawainese Defendant by Mail
If you need to serve a foreign defendant, particularly in Taiwan, there are several factors you must take into consideration. Specifically, properly serving a foreign defendant requires complying with United States law, the law of the defendant’s home country, and any international treaty that may exist between the two nations. All of these must be considered to ensure that the international service of process is enforceable.
From a logistical and practical point of view, initiating international litigation can be both time-consuming and costly in most situations. As a result, the service of process by mail has become increasingly popular, according to a National Law Review (NLR) article. This is because service by mail is a more manageable and streamlined method for delivering legal documents to overseas entities.
Service by Mail
There have been disputes regarding whether service of process by mail to Taiwanese defendants is allowed under the Federal Rules of Civil Procedure (FRCP). Rule 4(f), in particular, allows an individual in a foreign country to be served by using any form of mail that requires a signed receipt, unless prohibited by the laws of the foreign country.
When it comes to service upon a defendant located in Taiwan, the “gold standard” for international service of process is service via letters rogatory. Letters rogatory requires the party serving the lawsuit to have the complaint translated into Mandarin Chinese as well as obtaining permission from both the American and Taiwanese courts. A majority of American courts addressing the question of whether a defendant in Taiwan can be properly served via mail have answered in the affirmative unless doing so is expressly prohibited by Taiwanese law or any international agreement.
Case Decisions
Recent decisions by American courts have confirmed that service of process by mail can be properly effectuated on a defendant located in Taiwan, and other foreign nations.
● In SignalQuest, Inc. v. Tien-Ming Chou & Oncque Corp, the court held that service of process via mail by FedEx was permissible because Taiwanese law does not expressly prohibit this method;
● In Tatung Co. v. Shu Tze Hsu, the court held that service by mail was proper because the U.S. and Taiwan have not signed any agreements or treaties regarding service of process from American courts, and no international agreements expressly prohibited service of process by mail;
● In Ryan v. Brunswick Corp. the court held that service of process via email or mail to a defendant in Taiwan was proper because no international agreements between the U.S. and Taiwan prohibited these methods.
Serving Your International Litigation Needs
If you need assistance effectuating service of process on a Tawainese defendant or any defendant that is in a foreign nation, contact Ancillary Legal right away.

If you need assistance with depositions, cort reporting, or videography, contact Elizabeth Gallo Court Reporting today.

Understanding Service of Process
The legal term “service of process” refers to the method used by parties in a lawsuit to formally deliver legal documents to the other parties in the litigation as well as the court. Service of process is a critical step in starting a lawsuit. Serving a defendant properly is so important to the justice system that failure to do so prohibits the case from proceeding. Just as important, service of process establishes jurisdiction over the lawsuit by the court hearing the case. Finally, service of process is crucial because it puts the defendant(s) on notice that the plaintiff(s) are bringing a lawsuit and that the court will preside over the case.
Rules of Civil Procedure
Service of process occurs at the initiation of a lawsuit, when the party bringing the case (referred to as the plaintiff) delivers legal documents (the complaint and summons) on the party against whom the case is filed (known as the defendant). The rules that govern service of process in American courts are the Federal Rules of Civil Procedure (“FRCP”) — specifically, Rule 4. Rule 4 addresses service of process and has several subsections that addresses issues that may arise in regards to the service. Some important factors to consider include:
● Any person who is not a party to the lawsuit and is at least 18 years of age can effect proper service of process;
● A plaintiff may alternatively request that a representative from the U.S. Marshal’s office carry out service of process;
● A defendant within the United States ca be served process by any of the following methods: (1) according to the laws of the state where the court is located or the laws where the defendant is located, (2) by delivering a copy of the complaint and summons to the defendant (known as personal service), or (3) by delivering a copy of the complaint and summons to an agent (a person or entity who has been authorized by the individual to receive service of process on his or her behalf).
There are also service of process rules for corporations and associations. These same rules apply to partnerships, companies, and not-for-profit organizations. The FRCP allows a corporation to be served using the rules of where the court is located as well as where the corporation is located. Generally, a company’s location is determined by its principal place of business although this may also be dictated by the state under where it is incorporated. If state law allows, a corporation may be served by mailing a copy of the complaint and summons to its offices.

Servicing Your Needs
It is critical to follow the proper procedures when serving a lawsuit in the United States. Proper service is even more critical when it comes to international lawsuits. If you need to serve a document internationally, contact Ancillary Legal today.

For assistance with depositions, videography, translations, and more; visit Elizabeth Gallo Court Reporting.