Service of Judicial Documents in Finland
The United States and Finland, are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Done at the Hague, November 15, 1965, (Hague Service Convention). This service is recommended.
In addition, please be aware that Federal Rule 4 and many state statutes indicate that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service". These states include Alabama, Alaska, Arizona, California, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Kansas, Maine, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, North Carolina, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah and Vermont.
Service in Finland through the Hague Service Convention generally takes 3 months, but can take longer. No request for expedited service is acknowledged. Because of this, we will provide a notarized affidavit indicating that the service is in progress, that we are in compliance with applicable statutes, and when we reasonably expect service to be completed. This can be used to support a motion to extend, if necessary, and is provided at no additional cost. The judicial authorities in Finland are not obligated to provide status. However, we will follow the service as closely as possible.
Please note: Article 3 of the Convention indicates that "the authority or judicial officer competent under the law of the state in which the documents originate shall forward to the Central Authority" a request for service of judicial documents. Therefore, it is often possible to quash services effected through the Hague Service Convention because the requesting party "was not authorized to serve process in the state of the originating court and therefore is not authorized to request service".
Although this does not apply to Federal court or any state court that allows service by any individual over the age of 18 and not a party, some Central Authorities require the order. However, even if not required by the destination country or originating court rules, we recommend that an order be obtained as a precautionary measure. We will prepare the order for you at no additional cost. It would be your responsibility to have it executed.
All documents to be served should be translated into Finnish. In accordance with article 5 of the convention, if the documents being served are not translated, the request for service can be denied by the judicial authorities of the destination country. In addition, it is common for the defendant to be given the option of refusing the service due to lack of translation and, in this instance, the documents would not be served if not accepted voluntarily by the defendant.
The following is required for us to effect service through the treaty:

  1. One set of service documents for each entity
  2. Name and address of entity to be served
  3. Fees are due in advance and will be quoted prior to accepting the assignment.

Service by private agent is available. However, it is wise to keep in mind that 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 Finland.
Rather than risk challenges to an alternative method of service under Article 10(c), it would be prudent to not invite potential challenges or protracted appellate proceedings on questions of validity or adequacy of service by private agents in a Convention country.
Service in a major area such as Helsinki or Turku 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 and costly.
The proof of service will be in the form of a notarized affidavit. If possible, the affidavit should be notarized at the US Embassy in Helsinki. If this is not possible, due to prohibitive costs or travel, 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 into Finnish before it can be notarized.
For us to effect private agent service, we require 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.

Our office can provide all the integral service and assistance to effect service of civil process in Finland using either of the above methodes.
Limited areas of investigation, court record retrieval and various searches are available in Finland. 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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