Hague Service Convention And Foreign Companies
Service involving another country requires careful attention to the defendant, the destination, and the governing rules. A foreign company with a California subsidiary is not automatically served merely because papers are delivered to that subsidiary.
What The Convention Covers
The HCCH 1965 Service Convention addresses transmission of civil or commercial documents between contracting parties for service abroad. Its main channel uses a designated Central Authority, and it also provides alternative channels. See the official HCCH Service Section for the text, current status, authorities, and country information.
Check The Destination’s Requirements
An attorney should determine whether the Convention applies and which channel is available. Destination-country declarations, objections, translation requirements, and local law can affect the assignment. Do not assume postal service or direct delivery is authorized everywhere.
A California Subsidiary Is Not A Universal Shortcut
This article previously discussed a 2009 Yamaha decision. An older case discussion should not be used as blanket permission to serve every foreign parent through a related California business. Counsel must assess the proper recipient, agency relationship, jurisdiction, and current law for the specific defendant.
Information To Gather Before Ordering
- The exact legal entity to be served and its verified location.
- The issuing court, complete documents, and applicable deadline.
- Counsel’s instructions about the authorized method and recipient.
- Any required translations, forms, copies, and return documentation.
Confirm Scope And Timing
International service may involve steps beyond a domestic process-service order. Contact JPL to discuss the supplied instructions and available coordination. Do not rely on a domestic first-attempt timeframe as a promise for service abroad.
JPL Process Service, LLC provides process-service support. Your attorney should decide the legal method and whether service will satisfy the court’s requirements. Call (866) 754-0520 to discuss the assignment.
