Tonight's post was written by our Atlanta divorce and International
Family Law attorney, Dina Khismatulina.
In our Atlanta office, we have a huge map with lots and lots of pins that
represent places where we have been engaged in
International Family Law trials or had a direct impact on that place with our International Family
Law clients. With pins from Toronto to Tokyo, from Berlin to Beijing and
from Caracas to Cairo, we are always excited to add a new pin to our collection.
The Manely Firm is famous for its commitment to and success in serving
clients from all over the world. While the international component complicates
cases, we at the Manely Firm welcomen opportunitiwa to help our clients
to overcome this challenge and these obstacles.
International service of process is a great example that can illustrate
how a simple process that takes couple of days and $50.00 dollars in the
United States could be drastically different, difficult and costly when
you are dealing with a foreign country.
For example, we have often been called upon to perfect service in China
upon Chinese citizens, who are a party to litigation in the U.S., but
reside in China.
Under O.C.G.A. Â§ 9-11-4(f)(3), unless otherwise provided by
law, service upon a person from whom a waiver has not been obtain and
filed, maybe be effected in a place not within the United States by any
internationally agreed means reasonably calculated to give notice, such
as those means authorized by the Hague Convention on the Service Abroad
of Judicial and Extrajudicial Documents.
Even though China ratified the Hague Convention on Service Abroad of Judicial
and Extrajudicial Documents in Civil or Commercial Matters of November
15, 1965, it objected to any other means of process service other than
official service through Chinese Central Authority.
In order to serve a Chinese citizen or entity in China, a full set of documents
translated to Chinese has to be provided along with the government fee
to their Central Authority. Translation to Chinese is very expensive and,
in conjunction with the government fees, such process service can easily
exceed several hundred dollars. There are a number of companies that specialize
in applying for process service in China, but such service would cost
an additional six to seven hundred dollars. Even if all the documents
are done correctly, the service can take anywhere from six month to a year.
If you are applying on your own, you will quickly learn that the process
is not user friendly as the Central Authority in China will not provide
any help or updates. I bet that the Chinese Central Authority would make
you appreciate Sheriff's departments all over the United States even more.
Though international cases require a lot of research and
"know how" we have acquired over these many years, we treasure our clients from all
over the world and are always looking forward to adding another shiny
pin to our office map.
Stop by and see it some time. It's really quite impressive.