Service of Judicial Documents in Argentina
Service in Argentina can best be accomplished by utilizing the Inter-American Convention. If enforcement of a judgment in Argentina is anticipated, service via letter rogatory is the recommended method.
In addition, please be aware that many forum state statutes indicate that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service".
Treaty service can often take 6-8 months or more to effect. No request for expedited service is acknowledged by the foreign judicial authorities.  Because of this, we will provide an affidavit that will indicate service is in progress, in compliance with applicable statutes and the reasonably expected time it will take to complete. This would support a motion to extend, which is usually necessary, and is provided at no additional cost. In addition, the Argentine authorities are not obligated to provide status information about a service and generally do not. We will, however, follow the progress of the service as closely as possible and inform you of any information obtained.
Service through the Inter-American requires 7 pages of treaty documents. All documents to be served, including the 7 pages of treaty documents, must be translated into Spanish.
For us to prepare the convention documents and facilitate the service, we require the following:
  1. A complete and legible set of the documents to be served. Please make sure if the defendant being served is a "Doe" entity that they are named in an Alias Summons;
  2. Name of the judge who will be signing the request;
  3. Name, address and telephone number of the court
  4. Name, address and phone number of the entity being served;
  5. Name, address and phone number of the plaintiff for whom service is being requested;
  6. Full name, address and phone number of the specific attorney to act as counsel contact;
  7. Fees are due in advance and will be quoted prior to accepting the assignment.  This includes translation fees, if we provide translation.
Service is also available by a private agent (attorney). However, it is wise to keep in mind that this private agent service may be quashed in the originating US court and any US judgment obtained on the basis of private agent service may not be enforceable in Argentina
For a private agent to serve the document, we simply need the following:
  1. A complete copy of each of the documents to be served;
  2. Full name, address, and any other available information, for the entity to be served;
  3. Fees are due in advance and the basic costs will be quoted prior to accepting the assignment;
  4. Your written authorization to effect private agent service after being informed of the possible consequences.
No translation is required for private agent service, however, it should be taken into consideration whether or not adequate notice was given, especially if the defendant does not know English well enough to understand the documents.
Service in a major area such as Buenos Aires can be effected quickly. The complete turnaround time for this method of service is usually 2-3 weeks but can take longer. Rush service is available for an additional fee. Service in other areas is dependent upon the location of the service address and difficulty of the assignment. There are many areas where travel is often difficult.
The proof of service will be in the form of an affidavit. It is recommended that a U.S. Embassy official notarize the affidavit. If this is not possible due to prohibitive cost and location, a local Argentine notary will be used, which will also increase the cost of the service because many local notaries require that the affidavit be translated into Spanish prior to execution.  There would also be additional expenses incurred if there are applicable forum court statutes that require court authentication of a foreign affidavit.  Court authentication will need to be requested by your office prior to completion of the service. 

 

Our office can provide all the integral services and assistance to effect service of civil process in Argentina using either of the above methods.
Limited areas of investigation, court record retrieval and various searches are available in Argentina. Please contact us to discuss your options if you require assistance other than the service of civil process.

 

Call 1-800 SERVE EM (737-8336) for a free, no-obligation quote.

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