Brazil PROCESS SERVICE

Process service, also known as "service of process,” is the procedure employed to give an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called "process") to the person to be served.

Brazil PROCESS SERVERs

Brazil process servers serve all legal documents, however Brazil is not a signer to the Hague Convention. Service is normally handled in a manner similar to methods used in the United States, although completion of the service usually takes longer. Customs and traditions in Brazil tend to lead to a slower pace and less rigid work habits. Service sometimes may take several months but service is generally much faster. Brazil process servers who we employ are off-duty police officers or other government officials who are able to, in certain cases, exercise their official capacity to complete the service.

Method of Service

Service of U.S. or Canadian process can be effected by mail, if permissible under forum court rules, by Letter Rogatory, or via local counsel. In all
cases, enforcement of a judgment must be kept in mind– and it is in that light that I recommend local counsel for just about all cases.

Mail: Most U.S. courts, where service is allowable by mail to begin with, allow mail service on foreign defendants only where it is not prohibited by the rules of the foreign jurisdiction. Brazil’s Rules of Court do not specifically prohibit mail service, but they really don’t authorize it either. As
such, it’s all but assured that a later attempt to enforce a judgment there will be rejected.

Letter Rogatory: an official request from the forum court for judicial assistance from a Brazilian court. Costly and time consuming, this instrument really isn’t all it’s cracked up to be. Fortunately, Brazil is party to the Inter-American Convention on Letters Rogatory and Additional Protocol, It also doesn’t take the form of a traditional Letter; it amounts to a series of request forms. But the documents involved must still be legalized and translated, the request has to be signed by the judge hearing the case, and it will take the Brazilian courts the better part of a year to return proof of service.

Local Counsel: Potentially costly, but not dramatically more than a Letter Rogatory, and certainly on a more solid legal footing than mail. A Brazilian attorney can ensure that local rules are followed, thus ensuring that the manner of service will not give a court cause to reject an enforcement action later. The attorneys petitions a local court to assign the service to a court officer, and then the attorney ensures that the officer gets the job done. Not quickly, but done, if at all possible.

Translation requirements

Documents must be translated in the official language or one of the official language of Brazil.

DIPLOMATIC SERVICE VIA LETTERS ROGATORY

For states which are not party to the Hague Service Convention, diplomatic channels are generally used for the service of legal documents. It is
generally effected by a letter rogatory, which is a formal request to issue a judicial order from a court in the state where proceedings are underway to a court in another state. This procedure generally requires transmission of the document to be served from the originating court to the foreign ministry in the state of origin. The foreign ministry in the state of origin forwards the request to the foreign ministry in the destination state. The foreign ministry then forwards the documents to the local court. The local court then makes an order to allow for the service. Once service is made, a certificate of service would then pass through the same channels in reverse. Under a somewhat more streamlined procedure, courts can sometimes forward service requests to the foreign ministry or the foreign court directly, cutting out one or more steps in the process.

PROCEDURE

The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request.

The main benefits of the Hague Service Convention over letters rogatory is that it is faster (requests generally take two to four months rather than six months to one year), it uses standardized forms which should be recognized by authorities in other states, and it is cheaper (in most cases).

ALTERNATE METHODS OF SERVICE

The Hague Convention provides various modes of process service of documents such as by postal channel or by diplomatic/consular agents,
judicial officers, officials or other competent persons. These provisions are covered under Articles 8 to 10 and may or not be allowed by member
countries as a valid mode of serving the documents in their territory. The method of serving the documents through the Central Agency (Article 5) is not optional but is binding on all the member countries. The services done by the Central Agency usually takes a long time: 4 to 12 months. The convention gives relief to the litigants if they have not received certificate of service or delivery from the Central Agency even after waiting for six months. In such cases, the Court may, if it considers that a reasonable time has elapsed, give its judgement. Also, in case of urgency, the court may issue a provisional order or protective measure even before six-month waiting period.

SERVICE BY MAIL

Service by mail is possible only in states that have not objected to that method under Article 10(a) of the convention and if the jurisdiction where
the court case takes place allows it under its applicable law.

Our Process

Documents can be faxed (800)-296-0115, emailed ps@undisputedlegal.com, mailed 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed your sales receipt is immediately emailed for your records. This option is only available for email or fax.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.  All documents will be received by our receptionist.

What Should You Do Next?

Simply pick up the phone and call (212) 203-8001 or simply click the service you want to purchase below! 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, and Connecticut.

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