Service of Judicial Documents in Chile
Service in Chile can best be accomplished by utilizing the Inter-American Convention, especially if enforcement of a judgment in Chile is anticipated.
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 Chilean 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 Convention 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 necessary 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.
  8. Translation of all documents.  If we are to provide the mandatory translation, translation fees are also due in advance and will be quoted upon viewing the documents.

 

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 Chile.
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. If this is the method of service you choose, we require 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 if the defendant does not speak English well enough to understand the documents.
Service in a major area such as Santiago can be effected quickly. The complete turnaround time for this method of service is usually 2 to 3 weeks, but can take longer. Rush service is available for an additional fee. Service fees and time frames are dependent upon the location of the service address and difficulty of the assignment. There are many areas where travel is often difficult and very time consuming due to the extremely difficult geographical layout of certain parts of the country, particularly the small southern islands.
The proof of service will be in the form of an affidavit. If possible, the affidavit will be sworn at the US Embassy in Santiago.  However, if this is not possible, due to location or other prohibitive issue, it must be notarized by a local notary.  This will increase the cost of the service because most local notaries will require that the affidavit be translated 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.  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 Chile using either of the above methods.
Limited areas of investigation, court record retrieval and various searches are available in Chile. 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