International Process Service Expert Witness

The International arena is the field of excellence for abuses, scams.... and "fraud to international law"; The Hague Convention has been tremendously abused by Translators, Interpreters, Detectives, Agents and Private Investigators worldwide and even by some North American Associations of Process Servers:  Indeed, service of process by article 10 of the Hague Convention or the main Channel are reliable if completed properly: Either by legal professionals who respect "Foreign and Local" rules of Procedure and in due form. Article 10 of the Convention clearly distinguishes in subsection b and c between two kinds of Private Process Servers: Judicial Officers and other Competent persons (Who is considered competent by internal laws of Procedure?) The answer varies depending on the Jurisdictions in mainland Europe: Attorneys at Law in UK; Bailiffs and P.I.s).  Quash of service completed by the "Central  Authority"  is also possible based on the Constitutional rights of a defendant, by violations of laws of Procedure: Improperly served or by defective service (Translations....).

On the other hand, please note that there is an enormous legal difference in the service of process theory and practice between "Common law legal Systems" and "Roman Napoleonic Civil Codified law Systems" (All of Europe except UK and Ireland). In Common law Countries almost anyone can serve legal documents without being a "Legal Professional" .... such as P.I.s, Translators...... In mainland Europe, to serve documents, you must be a legal professional, either registered with the department of Justice as a "Judicial Officer" (Offering guarantees), or an Attorney at Law controlled by the Government and member of a  Professional Bar Association. There is no way that a limited liability Corporation can be a Process Server. 

Our quash service is based on the law: "Lex fori exigencies according to the country's "lex celebrationis".

1. 10-a Service by mail
2. 10-b Bailiff, Process Server....
3. 10-c Qualified Professionals

1. 10-a Service by mail: Private or Public courier: These services do not issue an Affidavit of Service, the contents of the documents delivered is not controlled, signature of the return receipt is not necessarily by defendant or a qualified representative, defendant does not acknowledges Service of Process: Jurisprudence has considered, in some cases, that is more evidence of an address and not, of a real Service of Process..

2. 10-b Bailiff, Process Server, "Huissieur", "Procurador".... only persons affiliated to one of the Gouvernamental Associations that are members of the International Association of Judicial Officers (UIHJ) and who offer the necessary legal guarantees, this excludes translators, interpreters, Private Investigators, Detectives, Agents.... This excludes also Non European Attorneys acting in Europe. Indeed, most of these "Fake Process Servers" will disappear in the moment of verification or in front of a motion to quash.

3. 10-c "Qualified Persons", depends on the Jurisdiction and its internal laws of procedure in general refers to Legal Professionals, Attorneys at Law, Barristers or Solicitors, qualified to practice law under an Ethical Code of Conduct (Confidentiality, Fidelity....), professionals who offer guarantees of integrity and reliability. 

Indeed, the criminal sanction for "fraud to International Law" in relation to International Process Service laws can result in;

• Illegal Practice of Law
• False representation
• Defamation
• False Private Document
• Abuse of Confidence
• Harassment
• ...