International Service of Process in Peru

Beyond cultural differences and language barriers, many factors influence international service of process —particularly in Peru. 

From the appropriate method for your case to translation requirements to proper form completion, it’s critical to understand the process and to work with an international process server who is experienced to make sure your service is complete—and your case moves forward. 

DGR Legal has successfully completed service abroad in more than 100 countries. Our experience and global network make it possible to efficiently and compliantly serve documents in Peru and around the world.

There are three routes for international service of process in Peru: the Inter-American Service Convention, Letters Rogatory, and service via agent.

Service via Inter-American Service Convention and Additional Protocol (IACAP)

The Inter-American Service Convention on Letters Rogatory and Additional Protocol (IACAP) is a treaty designed to facilitate judicial assistance, including service of process, in North America and South America. The treaty provides a unified code for process service in several South American countries—including Peru—that are not signatories of the Hague Service Convention. 

The IACAP can be used in place of Letters Rogatory. Under the Inter-American Convention, requests for service must proceed through the central authorities of the countries involved. In the United States, that central authority is the U.S. Department of Justice.

While in Letters Rogatory, service of documents goes through the U.S. Department of State and diplomatic channels, process service under IACAP is transmitted from the U.S. Department of Justice to the intended entity in Peru. 

When the legal documents arrive in Peru, service of process must be completed in compliance with local laws and regulations. 

Most countries, including Peru, that allow service of process through the Inter-American Convention limit its application to civil and commercial matters. It does not apply to criminal and administrative matters.

Does the Inter-American Service Convention allow service by mail or informal methods? 

The Inter-American Service Convention doesn’t include a provision for service by mail. While it’s not explicitly forbidden, it’s prudent to avoid serving legal documents to Peru by mail or other informal methods. This safeguards the plaintiff against potential challenges with enforcement. 

Service via Letters Rogatory in Peru

Letters rogatory are a formal request from a foreign court to a local court in the target country, requesting assistance in serving legal documents according to the local laws and regulations. 

When it comes to effecting service of process in Peru through letters rogatory, a specific procedure must be followed. After legal proceedings have begun, the requesting party or their legal counsel drafts “letters rogatory” to formally request the assistance of the Peruvian court in facilitating service according to its laws.

Documents must be translated and authenticated and submitted to the foreign ministry of the country where the litigation is taking place (for example, the U.S. Department of State). Once approved, they are sent to the embassy of the originating country in Peru, which forwards them to the competent judicial authorities.

The Peruvian court examines the request to ensure it complies with local laws and to verify the accuracy of the information provided. If approved, the court delivers the legal documents to the intended recipients and provides formal confirmation of service to the originating court as proof that the legal documents were successfully and compliantly delivered.

Service by Agent in Peru

International service of process in Peru through an agent involves designating a local representative to handle the service of legal documents on behalf of the foreign court. This method streamlines the process and ensures compliance with local laws.

In this approach, the party initiating the legal proceedings or an organization acting on their behalf selects a reputable local agent or representative in Peru (such as an attorney, law firm, or a licensed process server familiar with local legal procedures and regulations).

The local agent reviews the documents and submits them to the Peruvian court with jurisdiction over the matter. They then serve the documents in accordance with Peruvian law using the methods appropriate for the circumstances and nature of the case. 

Choosing service via agent can expedite the process and simplify the complexities associated with international service of process, especially when the local agent is well-versed in Peruvian legal procedures. DGR is knowledgeable about both the foreign jurisdiction’s requirements and the local laws of Peru and can ensure that service is effectuated in accordance. 

Do Documents Need to be Translated?

When serving legal documents under the IACAP, there is no requirement to translate the Mandatory Convention Form. However, all documents to be served in a location where English is not the official language must be translated by a certified translator. This requirement applies to summons, writs, and many other court documents.

Peru’s official language is Spanish, but many indigenous languages are spoken as well, such as Aymara and Quechua. Depending on the defendant’s primary language—as well as local rules and customs—some legal documents may need to be translated into additional languages.

How Long Does International Service of Process in Peru Take?

Service through the IACAP can take 6–12 months. However, the U.S. Department of Justice has indicated in the past that officials in Peru often process service requests faster than other members of the treaty.

Service via letters rogatory can take several months or more. The timeline for service by agent also varies, but it is often the fastest method when the process is done right.

While there are no guarantees when it comes to serving legal documents internationally, it’s possible that your documents could be served in as little as three months.

Serving Legal Documents in Peru

If you need a judgment enforced as part of your case, it’s critical to choose the correct method to ensure it will be enforceable. DGR Legal tracks domestic and international legal changes and events to ensure that your documents are enforceable and served within any relevant deadlines. 

Our friendly team of knowledgeable process servers has decades of experience in international process service. 

We can provide process service anywhere in the world and have delivered service in over 100 countries, including Peru. D

For more information about process service in Peru or any other region we serve, please contact us.

The staff of DGR Legal are not lawyers, nor is our organization a law firm. The information provided on this website does not, and is not intended to, constitute legal advice. Rather, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.