DOMINICAN REPUBLIC 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.
DOMINICAN REPUBLIC PROCESS SERVERS
Dominican Republic process servers serve civil and commercial matters pursuant to the Hague Service Convention, which is a multilateral treaty adopted in Hague, Netherlands on November 15 1965, by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efﬁcient means of serving the documents on parties living, operating or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. Also, the Convention shall not apply if the address of the person to be served with the document is not known.
METHOD OF SERVICE
The Dominican Republic is not a signer of The Hague Service Convention. The formal method in the Dominican Republic is letters rogatory.
Private process servers may serve documents in most countries, whether a signer of The Hague Convention, or not. 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 the Dominican Republic tend to lead to a slower pace and less rigid work habits. Service sometimes may take several months but informal service is generally much faster than the formal method. Many 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.
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.
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).
Documents can be faxed (800)-296-0115, emailed email@example.com, mailed 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our location. 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?
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