Treaty Time: Serving Process from the US

Cross-border disputes - they’re unavoidable in today’s global business climate. You sign a contract with a company in Brazil but the deal falls apart. Now what? How do you start a lawsuit against someone who lives in Brazil?

The beginning of every lawsuit, whether in the United States or Brazil, essentially starts the same way. You must notify the other party - the defendant. But what if she lives in another country? According to the US Department of State, you should first see if there’s a treaty that applies to the international service of process.

In the case of Brazil, there is. Brazil is a party to the Inter-American Convention on Letters Rogatory and Additional Protocol. Prior to 2019, you could only effect service of process by sending letters rogatory. It’s a process where the US courts, via diplomatic channels, would send the notice to the Brazilian judiciary.

Now, however, there’s another option. In 2019, the Hague Service Convention became effective in Brazil. Under the Hague Convention, the procedure for international service of process was simplified with a standard trilingual form to be filled out. Perhaps better yet, the process is much faster because the notice goes directly to the Ministry of Justice.

So the choice is yours. You can pick the Inter-American Convention or the Hague Convention. Either one will do the trick. And the best part is they’re both free. There are no fees charged in Brazil for either process. Just remember that certified translations of any documents in English will be required.