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.