International Service of Process in Columbia
International service of process in Colombia can be completed through the formal method prescribed by the Hague Service Convention, as well as informal methods such as mail or letters rogatory.
Process Service in Columbia under The Hague Convention
International service of process in Colombia can be completed through the Hague Convention, which Colombia ratified on April 10, 2013, and put into effect in November of the same year.
Through the Hague Service Convention, formal service can be pursued via the Colombia Central Authority, which arranges for service within the country. The time frame for formal service can vary, often between 4 and 6 months.
Colombia does not oppose alternate methods of transmission as outlined in Article 10 of the Convention. As such, it is also possible to pursue service of process via the mail or a privately hired process server, though each method has pros and cons.
If going through service via mail, it’s still critical to follow the process outlined by the Hague Service Convention to ensure service is effectuated.
Translation of Documents
Colombia does not strictly require any documents to be translated into Spanish, but it can be necessary in practice.
While Colombia’s Central Authority may be able to accept a request without an official legal translation, local officials who execute the request are likely to reject it without a Spanish translation.
Additionally, due process requirements in the United States necessitate that recipients understand the documents they are served. If the recipient’s primary language is Spanish, the documents must be translated into Spanish. If the recipient’s primary language is neither English nor Spanish, then additional language translations may be deemed necessary for successful service of process.
DGR can help facilitate cost-effective, certified translation services that will hold up under international rules of service.
Service via the Inter-American Service Convention in Colombia
The United States and Colombia are parties to the Inter-American Service Convention and Additional Protocol (IACAP).
These requests must follow the rules of the local courts, as well as complete all required forms. To provide the best chance of success, it’s important to ensure you understand the requirements fully before requesting a particular type of service.
The use of the IACAP is limited to civil and commercial matters. However, some countries do permit it to apply to administrative and criminal matters also.
Informal Service of Process in Colombia
Colombia does not object to informal methods of service. However, whether or not this service is a viable option for your matter will be dependent on case factors and whether or not you are seeking a judgment.
Be sure to choose the correct method for your case or to work with a process server who can help you decide.
Serving Internationally in Colombia
When attempting to effectuate process service, it is essential to follow the exact protocols outlined by the Colombian Central Authority. DGR’s team of experts understands the nuances and extensive requirements of international process service.
DGR has effectuated service in over 100 countries utilizing both the Hague Convention and letters rogatory.
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.
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