Service of Judicial Documents in Malta
There are two ways to serve in Malta: by a private agent or by a letter rogatory. If enforcement of a judgment in Malta 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 Malta 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 Malta.
For a private agent to serve the documents, we need an accurate address, 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 service fee is $795 to $995 relative to location and difficulties encountered. The proof of service will be in the form of a notarized affidavit, notarized at the U.S. Embassy, if possible, and the complete turnaround time is usually 14-21 days but can take longer. Rush service is available for an additional fee.
Service via letter rogatory is a formal Request For International Judicial Assistance executed by the judicial authorities in Malta. 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. Our fee of $465 to prepare the documents and facilitate the service.
  6. Translation fees, for the mandatory translation to Maltese, if we provide translation. Our fees are $75 per page, double spaced and typed. Small print and other documents are priced upon viewing.
  7. A cashier's check in the amount of $650 made payable to "U.S. Embassy - Malta" (this is the State Department's requirement to be applied to costs incurred).

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

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