Service of Judicial Documents in Bolivia
Bolivia is not a signatory to any treaty, convention or multilateral agreement for the service of civil process. The two practical ways to serve process in Bolivia are by private agent or letter rogatory. If enforcement of a judgment in Bolivia is anticipated, service via letter rogatory is the recommended method. However, the use of this method of service is dependent upon good diplomatic relations between Bolivia and the US at the time service is requested.
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".
Service via letter rogatory is a formal Request For International Judicial Assistance, signed by the forum court judge and executed by the judicial authorities in Bolivia. For us to prepare the letter rogatory and facilitate service, we require the following:
  1. A complete copy of each of the documents to be served;
  2. Full name of the judge who will be signing the letter rogatory request;
  3. Full name, address and telephone number of the originating court;
  4. Full name, address and phone number of the entity to be served;
  5. Fees are due in advance and will be quoted prior to accepting the assignment;
  6. Translation of all documents, unless you choose service without translation.  If we are to provide translation, translation fees are also due in advance and will be quoted upon viewing the documents.

 

Please note: Depending on the forum court statutes, we may request that an order be obtained appointing our firm as an entity authorized to request service. We will prepare the order for you at no additional cost. It would be your responsibility to have it executed. The cost for translation of the order will also be your responsibility.

 
This method can often take 6 to 12 months or more to complete. No request for expedited service is acknowledged by the foreign judicial authorities. As with all formal services effected through our office, an affidavit will be provided indicating that formal service has been initiated, that we are in compliance with any applicable statutes, and the reasonably expected time frame. This can be used to support a motion to extend, which is usually necessary, and is provided at no additional cost.
Once the documents leave the United States, the Ministry of Justice in Bolivia will have complete jurisdiction over the service and generally does not respond to requests for status. We will, however, follow the progress of the service as closely as possible.
When effecting service via letter rogatory, it is often recommended that service also be personally effected by a private agent (attorney). This will provide an affidavit of personal service that can be filed with the court while the formal method of service is in progress. However, it is wise to keep in mind that this private agent service may be quashed in the originating U.S. court and any U.S. judgment obtained on the basis of this service may not be enforceable in Bolivia.
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 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, La Paz, Sucre, Cochabamba or Santa Cruz, can be effected quickly. The complete turnaround time for this method of service is usually 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. If possible, the affidavit should be notarized at the US Embassy in La Paz or Cochabamba. If this is not possible, the affidavit must be notarized by a local court notary and the expense for this is generally high because the affidavit will need to be translated before it can be notarized.  There would also be additional expenses incurred if there are applicable forum court statutes that require court authentication of a foreign affidavit.  If you require notarization by a US Consular officer, or Court authentication, it would need to be requested and paid for 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 Bolivia using either of the above methods.
Limited areas of investigation, court record retrieval, and various searches are available in Bolivia. 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.

ALL FEES DUE IN ADVANCE