Service of Judicial Documents in Costa Rica
There are two ways to serve in Costa Rica: by a private agent or by a letter rogatory. If enforcement of a judgment in Costa Rica 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 Costa Rica and the U.S. at the time service is requested. Although service by private agent (usually an attorney) is available, it is wise to keep in mind that a judgment obtained on the basis of private agent service may be ruled invalid and not enforceable in Costa Rica.

For a private agent to serve the documents, we need an accurate addresss, the service fee, your written authorization to effect private agent service after being informed of the possible consequences, and one set of documents to be served. The average fee is $795 for an area such as San Jose but is dependent upon location and difficulty. There are many areas where travel is often difficult. A general quote can be obtained for service at a specific address.

The proof of service will be in the form of an affidavit. If possible, the affidavit will be sworn at the US Embassy in San Jose. If this is not possible, it will be notarized by a local Costa Rican 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.

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 via letter rogatory is a formal Request For International Judicial Assistance executed by the judicial authorities in Costa Rica. For us to prepare the letter rogatory, 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 phone number of the originating court;
  4. Full name, address and phone number of the entity to be served;
  5. Translation fees, for the mandatory translation to Spanish, if we provide the translation (priced upon viewing);
  6. A cashier's check in the amount of $650 made payable to "US Embassy - the San Jose" (this is the State Department's requirement to be applied to costs incurred.);
  7. Our fee, which is due in advance and will be quoted prior to accepting the assignment.

This method can often take 6 to 12 months or more to complete. 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 Costa Rica 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. This will provide a notarized affidavit of personal service that can be filed with the court while the formal method of service is in progress.

Our office can provide all the integral services and assistance to effect service of civil process in Costa Rica using either of the above methods.

Limited areas of investigation, court record retrieval, and various searches are available in Costa Rica. 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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