Service of Judicial Documents in Peru
Service in Peru can best be accomplished by utilizing the Inter-American Convention. If enforcement of a judgment in Peru is anticipated, service via letter rogatory is the recommended method.
In addition, please be aware that Federal Rule 4 directs that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service." In addition, several states have the same requirement (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).
Treaty service can often take 6-8 months or more to effect. 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 Peruvian 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 infrom you of any information obtained.
Service through the Inter-American 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 convention 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.

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 provate agents in a Convention country.
Private agent service in a major area such as Lima, Trujillo or Chimbote can usually 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 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, very time consuming and often dangerous. This will affect the cost of agent service, if it can be done at all.
The proof of service will be in the form of a notarized affidavit. It is recommended that a US Embassy official notarize the affidavit. If this is not possible due to prohibitive cost and location, a local Peruvian notary will be used, which will also increase the cost of the service.
In addition, travel in many areas of Peru is dangerous and many agents refuse to serve documents in many of the outer areas controlled by terrorist factions.
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, which 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.
Our office can provide all the integral service and assistance to effect service of civil process in Peru using either of the above methods.
Limited areas of investigation, court record retrieval and various searches are available in Peru. 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