HOW TO SERVE LEGAL PAPERS IN NICARAGUA

The Republic of Nicaragua is the largest country in the Central American isthmus, bordered by Honduras to the northwest, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the southwest. Managua is the capital and biggest city of Nicaragua and is also the third-largest city in Central America, behind Tegucigalpa and Guatemala City in terms of population. 

Civil law philosophy is paired with an adversarial paradigm in Nicaragua’s legal system, in which both parties, plaintiff, and defendant, are in equal positions. The Nicaragua Process Service begins with a written demand, which is followed by an open court defense of spoken legal arguments.

BACKGROUND

The President of Nicaragua serves as both head of state as well as head of government within the framework of a presidential representative democratic republic and a multiparty system. The government wields executive authority. Government and national assembly both have legislative authority. The judiciary is the third and final branch of the United States federal government.

Nicaragua’s political parties debated the idea of switching from a presidential to parliamentary system during the years 2007 and 2009. There would be a clear distinction between the head of state and the head of government (the prime minister) (president). As a result, it was subsequently asserted that the underlying purpose of this plan was for President Ortega to remain in power beyond January 2012, when his second and last term of office would be over. For a third time, Ortega was re-elected in November of 2016.

Nicaragua has a foreign policy of its own. Both Colombia and Costa Rica are involved in territorial disputes with Nicaragua over the Archipelago de San Andrés y Providencia and the Quita Sueno Bank.

STRUCTURE OF NICARAGUA COURT SYSTEM

 The first is the provincial courts, which are located in each province and consist of either a local court or a district court and are structured as such.

All proceedings in Nicaraguan courts are required to be open to the public unless a statute specifically states otherwise or the judge determines otherwise for reasons of safety, morality, or to ensure the parties’ rights are protected.

LEGAL PROCESS IN NICARAGUA

Each party and their representatives have access to all the details of the ongoing Nicaragua Process Service. Only attorneys who have been registered and approved by the country’s Supreme Court of Justice may represent the parties. In order to act on behalf of the party, the only condition is that they submit a power of attorney. Foreign attorneys are not allowed to represent clients in court proceedings.

The Nicaraguan legal system does not make it illegal to pay the legal claims of others. Because of this, third-party financing is not prohibited. Before launching a lawsuit, the parties must first engage in mediation as an alternate method of resolving their differences. However, if the parties fail to reach a settlement, there are no sanctions.

If the plaintiff wants to sue the defendant, they must do so in the local court where they reside. It is possible, however, for the parties to agree to resolve their disagreement at a particular location. Before deciding whether or not to hear a case, the court will consider the subject matter, value, and geographic scope.

To begin any legal action, the plaintiff must submit a written demand.  As for financial responsibilities, the invoice shows the whole sum that is asked on the lawsuit, including interest and past-due amounts accumulated up to the time of the lawsuit’s beginning. There will be adequate documentation to back up the charges and credits whether the claim originates from a loan or a credit. 

The defendant is informed of the lawsuit’s outcome through a Nicaragua Process Service letter from the court service after the judge has signed off on it. If the parties to the contract agreement, the defendant may be sued outside of the court’s jurisdiction.

There will be no halt in the court’s proceedings if the plaintiff tells the judge that the defendant failed to answer Nicaragua Process Service and seeks for a default judgment to be entered. The defendant, on the other hand, is free to join the proceedings at any time, without having to wait for any previous Nicaragua Process Service action or motion to take effect.

how to serve legal papers via the HAGUE SERVICE CONVENTION AND NICARAGUA

HCCH Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters was ratified by Nicaragua on July 24, 2019. (Service Convention). 

Nicaragua has a six-month objection period that expired on January 25, 2020, in line with Article 28 of the Service Convention. Nicaragua will be prevented from benefiting from the Convention if a Contracting State opposes. This article has never been used in practice, however, as an objection. Brazil (EIF: 1 June 2019) became the Convention’s newest member, a symbol of rising support in Latin America.

It is now simpler than ever to serve Nicaragua Process Service on Nicaraguan firms and individuals in connection with lawsuits filed from outside the nation. To that end, Nicaragua signed on to the Hague Convention on the Service of Civil and Commercial Process Outside of the Country of Issue in 1965, which was ratified by the Central American country earlier this year. International legislation known as The Hague Service Convention came into effect in Nicaragua on July 24, 2019.

It is the goal of the Hague Service Convention, which now has seventy-five signatories from throughout the globe, to make summonses to parties in a foreign action more quickly. Another goal is to expedite foreign parties’ access to legal proceedings in the contractual nation. There are three sections to the Hague Service Convention model form, which is multilingual and well tested. Request, certificate, summary, and warning are all examples of these. There is less doubt about whether or not service was properly carried out using the Hague Service Convention model since it fosters efficiency in the transfer of documents between national court bodies.

Whether or not Nicaragua will allow for private process servers or Nicaragua Process Service by mail is yet unconfirmed. Legal experts, on the other hand, feel that Nicaragua’s adherence to the Hague Service Convention will make alerting parties of pending litigation in another jurisdiction simpler and faster.

When Nicaragua joins the Hague Service Convention, the letters rogatory will no longer be required for Nicaragua Process Service in certain circumstances. Prior to the introduction of the standard form, all Nicaragua Process Service papers had to be legalized and sent via diplomatic channels for processing. According to The Hague Service Convention, Nicaragua’s central authority shall be the single institution responsible for processing Nicaragua Process Service requests in the nation.

Contrary to the Letters Rogatory two-tiered method, Nicaragua has adopted the Hague Service Convention. The Hague Service Convention has yet to be adopted by a Latin American nation, hence the Inter-American Convention governs service of process in that country. El Salvador, Guatemala, Honduras, and Panama are among the Latin American countries that are not a party to the Hague Service Convention.

A first legal action must be served on another party, court, or administrative body via the technique known as “service of process” before the court, body, or other tribunals may exercise their jurisdiction over that individual and allow them to react. A process server serves the person on whose notice is to be served by delivering a set of court papers (referred to as “process”) to the person on whom notice is to be served.

UNDERSTANDING THE HAGUE SERVICE CONVENTION

On November 15, 1965, the Hague Conference on Private International Law enacted the Hague Service Convention, which is a multilateral convention that governs Nicaragua Process Service in civil and commercial cases. With it, plaintiffs may now serve Nicaragua Process Service papers on overseas parties who are located, functioning, or based reliably and efficiently. To serve Nicaragua Process Service in civil and commercial proceedings, the convention’s requirements apply, but not criminal issues. If the person on whose behalf the document is being served cannot be located, then the Convention does not apply.

Regardless of whether a country is a signatory of the Hague Service Convention, private process servers may nonetheless serve papers. Formal service might take up to a month or more, while informal service is usually considerably quicker. Off-duty police officers and other government officials may be permitted to use their official status to finish the Nicaragua Process Service in certain situations. The document must be written in, or translated into, one of Nicaragua’s official languages.

The Hague Service Convention made it easier for parties to serve each other in other contracting nations by establishing a simpler process. State governments must appoint a central authority to receive requests for assistance under the treaty. An official of the judiciary who is qualified to serve process in the state where the Nicaragua Process Service is to be made is entitled to transmit a request directly to the state’s central authority. Requests for Nicaragua Process Service in the receiving state are handled by the receiving state’s centralized authority, generally via a local court. At this point, the central authority sends an acknowledgment to the court officer who requested it.

According to the Hague Convention, Nicaragua Process Service papers may be served by postal or diplomatic/consular agents; judicial officers; authorities; or other competent individuals via numerous channels. Member nations may or may not approve these provisions as a lawful method of serving the papers in their jurisdiction under Articles 8 to 10. Using the Central Agency (Article 5) to deliver papers is mandatory for all member nations. The Central Agency typically takes four to twelve months to complete the services. Even if a certificate of service or delivery from the Central Agency has not been obtained by the plaintiffs after six months, the convention provides them with a remedy. As long as a fair amount of time has passed, the Court may rule on the matter. Moreover, the court has the power to grant a temporary injunction or protective measure before the six-month waiting time is up in the event of an emergency.

Only states that have not objected to this mode of service under Article 10(a) of the convention and jurisdictions where the court action takes place to enable it under their relevant legislation to be sent by mail.

WHAT SHOULD YOU DO NEXT?

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington D.C

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. A solitary district court.

A single court in the area.

A court of law in a district.

In the local civil court.

The criminal district court. ”

A court of law in your area.

The court of labor.

Local court of labor

The family court.

Local family court

District court for juveniles convicted of criminal offenses.

District Court with a focus on domestic violence

The appeals court, which is composed of three or more magistrates, is the second option. There are four chambers of the Supreme Court of Justice: the Civil Chamber, the Criminal Chamber, the Constitutional, and the Administrative-Contentious chambers.

2. All debt collection measures must be brought within ten years of the due date. After a debt is due, the statute of limitations begins to run.

Payroll, professional costs, arbitrator fees, and notary fees are all subject to a two-year restriction.

3. The demand must include the following documents:

Negative settlement certificate from mediation.

National or international corporation’s competent register entry certificate.

A public act demonstrating the plaintiff’s legal representation.

If required, a power of attorney.

A legal document that demonstrates the plaintiff’s claim to the case.

If it is possible to determine the worth of the things in dispute for the purposes of competence and process, evidence of that value should be provided.

4. If the following conditions are met, the Nicaraguan judicial system will accept a claim for a class-action lawsuit:

1) At the request of the parties concerned.

2) The link between the processes.

There must be a first-in, first-out approach to the continuing procedures.

For collective actions, in Nicaragua, the parties must first agree to begin the collective action in order for it to be legalized.

5. National Organ Ministry of Foreign Affairs

General Directorate of Legal Affairs, Sovereignty, and Territory

E-mail: enlace@cancilleria.gob.ni

N.B.

The purpose of National Organs is the communication between the Members and the HCCH’s Permanent Bureau (Secretariat). They are not intended for communications with the public.

Questions concerning a specific Convention may be directed to a Central or Competent Authority designated by a State for a particular Convention. The details of those authorities are available on the webpage relating to the specific Convention. If legal advice is required, assistance from a qualified lawyer may be necessary. 

The Permanent Bureau does not respond to legal queries from private persons or legal practitioners concerning the operation of the various Hague Conventions.

6. U.S. Embassy Managua

Km 5 ½ Carretera Sur

Managua, Nicaragua

Telephone: +(505) 2252-7100

Emergency After-Hours Telephone: +(505) 2252-7100

Fax: +(505) 2252-7250

Email: ACSManagua@state.gov

BLOG DISCLAIMER

The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.