What is the difference between Formal and Informal Service of Process?
“Formal” service is made pursuant to international treaty law or letters rogatory and is made in strict accordance with the laws of the foreign jurisdiction. “Informal” service occurs when service is made abroad by a private process server placing the Summons & Complaint into the defendant’s hands. Informal service is generally much faster and requires no translation; but it is not allowed in every foreign country. Motions to quash (dismiss) an informal service are commonplace and occasionally successful in a U.S. Court. Such motions are usually successful in foreign courts (if execution abroad is necessary). Avoid informal service except as a supplement to formal service.
