Frequently Asked Questions about Process Servers
1. What is Process Serving?
Process serving or Service of Process, is how the court obtains 'jurisdiction' over a person or entity by means of process service. The courts needs to be absolutely sure that defendant(s), witnesses or other person have had proper legal notice before proceedings move forward.
2. What is the Hague convention service of process
It is the convention of the service to be conducted abroad of civil/judicial/extra judicial/commercial documents. This treaty was adopted in 15 November 1965 by member states of the Hague Conference on Private International Law. The main aim of this treaty is to provide reliable and efficient means of serving the documents living/based in another country.
3. Which is the Central Agency in India for The Hague Convention?
India is a member of Hague Conference on Private International Law. India has designated, the Ministry of Law and Justice, Department of Legal Affairs as the Central Authority under the convention.
4. How long does it take to get papers served?
In a normal personal service of process method (through a professional process server), it takes 5-7 business days. For, informal method of service (The Hague Convention Method) it takes 3-6 months to issue a certificate.
5. Difference between Formal vs Informal Process Service?
Informal Service of Process is conducted by a private individual which is also called personal process service method. Where as, formal service of process is to be conducted by the designated Ministry of Law and Justice or their representatives officially and later a certificate is issued for the service conducted, this is also called the service via The Hague Convention method.
6. Which way of process service should I choose? (Personal Service / The Hague Convention method of Process Service)
Mostly personal method of process service is acceptable in the foreign courts as we provide a proof of service; notarized affidavit of service. This affidavit is sworn by the process server himself in front of the notary public.
In case, the formal method is required; the client will get special instructions from their respective courts that only formal method of service is applicable. We organize the service through Central Authority accordingly.
7. What kind of proof is provided by the process serving agency? Is that admissible in our courts?
The process server once completing the service will swear an Affidavit in front of the Notary Public. All the basic and important details such as; date, time, place and manner of service will be mentioned in the affidavit.
Yes, the notarized affidavit is acceptable in most of the foreign courts. However, we suggest you to consult your attorney or court clerk.
8. Can I serve papers myself?
One cannot serve papers for a case that you yourself are involved in. Depending on your location, you may be able to serve papers yourself if you are 18 years or older and not a party to the subject case.
9. What is a Substitute Service of Process?
A Substitute Service is when a Process Server delivers legal papers to an Individual who isn’t listed as one of the Defendants on the lawsuit/legal letter, but either resides at the same residence or works at the same company as the Defendant. Please note that SOME, but not all legal documents can be served by 'substituted service' as long as certain conditions are met.
10. How much does it cost to get papers served?
Our rates depends on the location, kindly contact us on [email protected] to know cost of process service.