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Serving Papers Overseas – Start Here

Serving Papers Overseas – Start Here

Serving Papers Overseas – Start Here:
The Complete Guide to International Service of Process

Your defendant crossed a border, but your filing deadline didn’t move an inch. When the person you need to reach is living abroad, mailing a summons and hoping for the best is one of the fastest ways to watch a strong case fall apart in court.

This guide walks attorneys, government agencies, businesses, and everyday individuals through how international service of process actually works — from the Hague Service Convention to letters rogatory to serving divorce papers on a spouse who moved overseas. Read it, and you’ll know exactly what separates service that holds up from service a judge can erase in a single hearing.

We are The Global Process Server. We were founded by experienced licensed private investigators, and our team has spent more than 30 years finding defendants, serving legal papers, and getting proof back that courts accept.

If you already know your defendant is out of the country and the clock is ticking, skip ahead and call 855-505-9155 for a free consultation. If you want to understand the whole picture first, keep reading.

Why International Service of Process Is Not the Same as Serving Someone Down the Street

Handing a stack of legal documents to a neighbor in California takes an afternoon. Reaching that same person after they’ve relocated to Paris, Mexico City, or a small town three time zones away turns into a months-long project with rules you didn’t write. The process of serving legal documents abroad — what the industry calls international process service — is a different animal entirely, and serving process across a border demands a plan built for the destination. That’s the heart of the problem. Service of process inside another nation is an exercise of legal authority on that country’s soil, and that government — not your address label — sets the terms.

Here’s what trips people up. Domestic service and international service feel like the same task with a longer plane ride, but they aren’t. When you serve papers inside the United States, you follow your state’s rules and you’re done. When you serve papers abroad, you’re suddenly answering to a foreign legal system, an international treaty, translation demands, and channels of transmission that vary from one destination to the next. Get the method of service wrong and your effort doesn’t just slow down — it becomes worthless.

Because so much rides on doing it correctly the first time, the smart move is to confirm the destination’s position before touching a single document. Is the country a signatory to the Hague service framework, or not? Does it permit mail, or has it formally objected? Does it demand a certified translation, or waive one? These questions decide everything that follows, and answering them wrong is how files come back three months later over a technicality nobody caught.

What Is the Hague Service Convention, and Why Does It Decide So Much?

The Hague Service Convention is a 1965 international treaty that created one shared rulebook for serving legal documents across borders. Its full name — the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters — is also its scope. It governs the service abroad of judicial and extrajudicial documents in civil or commercial matters. It does not reach criminal cases, and it does not decide who wins your lawsuit.

Before this treaty existed, serving a foreign defendant meant hopeful letters bouncing between embassies on timelines nobody could predict. The Hague Convention replaced that guesswork with a standard process shared across roughly 80 member countries. Because every party to the Hague Convention works from the same provisions, a lawyer in Los Angeles and a clerk in Berlin are reading from the same script. That predictability is exactly why the treaty matters — it turns a diplomatic gamble into a defined process for serving documents.

The catch is that being a member of the Hague service system comes with obligations you have to respect. Most authorities require your documents translated into the country’s official language before they’ll act. They expect specific formatting. They route delivery through their own officers under their own internal law. When a country participates in the Hague service framework, the treaty is your road map — but only if you follow it precisely.

How Does the Central Authority Actually Work?

Every signatory to the Hague service treaty designates one office — its Central Authority — to receive incoming service requests from abroad. Think of it as the official front door. You don’t get to knock on any door you like; you submit your request for service to that designated office, and it takes over from there. That office is where requests for service of process from foreign courts land, and it’s where your documents should be sent — not to a random courthouse or embassy.

Once your packet arrives, the Central Authority verifies the paperwork, assigns delivery to a local officer operating under its own law, and then issues a certificate of service confirming when, where, and how service happened — or explaining why it failed. That certificate is the document you file back home. National central authorities are the backbone of the entire system, which is why sending your documents to be served must go through the correct channel from the start. A request for service abroad sent to the wrong appropriate agency simply gets returned.

Formal service under the Hague Service Convention runs through this channel, and the process under the Hague framework stays consistent from one member nation to the next.

Article 5 formal service through the Hague Central Authority is the safest and most widely accepted route, and it’s usually our default recommendation. Some members also allow a postal channel, and others formally object to it — which makes mailed documents useless in those places.

This is precisely why we confirm each country’s stated objections before choosing a path. International requests for service succeed or fail on these details.

   Serving Papers Overseas - Start Here

What If the Country Isn’t a Signatory to the Hague Convention?

Not every nation is part of the Hague system, and that’s where a letter rogatory enters the picture. A letters rogatory request is a formal request from a U.S. court asking a foreign court to perform service on its behalf. It’s thorough and widely recognized, but it typically travels through diplomatic channels and multiple layers of review. Translation: it’s slow. Letters rogatory is the classic fallback when no treaty applies, and planning around its timeline is part of doing it right.

Parts of the Americas add a third instrument to the mix: the Inter-American Convention on Letters Rogatory. Mexico is the prime example of a country that participates in both systems, which means choosing between them becomes a deliberate strategy call rather than a coin flip. Selecting the right instrument here is where an experienced international process server earns their keep — the wrong choice can cost you months you don’t have.

Even inside the Hague framework, some situations call for alternative service when standard delivery stalls. Depending on the jurisdiction and your court’s permission, alternative service methods might include service via an agent, and in narrow circumstances a court may authorize service by publication as a last resort. These aren’t first choices, but knowing they exist — and when a court will accept them — keeps a case moving when a defendant is actively dodging notice.

What Documents Can Actually Be Served Across Borders?

People often assume any piece of paper from a lawsuit can be shipped overseas the same way, but the treaty is more specific than that. The Hague Service Convention covers judicial and extrajudicial documents in civil or commercial matters. Judicial documents are the ones tied to active court proceedings — summonses, complaints, petitions, subpoenas, and the like. Extrajudicial documents are formal papers that carry legal weight without being part of a pending case, such as certain demands or notices. Criminal matters fall outside the treaty entirely.

That distinction shapes how we prepare your request for service. When we assemble a packet to send legal documents internationally, we confirm the papers fit within the treaty’s scope, then build the formal request in the format the destination expects. A misclassified document, or one that doesn’t belong under the convention at all, is a quiet way for a file to stall before it ever reaches a defendant.

There’s a practical upside to knowing this early. Because we sort documents in civil or commercial matters from everything else at the outset, we can flag a mismatch before you’ve spent money on translation and transmission. It’s a small step that saves real time when you’re serving documents across borders on a deadline.

Does the U.S. Have a Central Authority Too?

Service runs both directions, and yes — the United States operates its own Central Authority to handle incoming service requests from foreign courts. For years the U.S. Department of Justice managed that role through its Office of International Judicial Assistance; today, incoming service of process overseas requests bound for the United States are processed by a private contractor designated as the U.S. Central Authority. Foreign litigants who need service in the united states submit their papers there, just as we submit outbound packets to foreign central authorities.

Understanding both sides helps in a way that isn’t obvious at first. When we know how the receiving end scrutinizes a request for service abroad, we prepare outbound files that clear the same kind of review abroad. International judicial assistance is a two-way street, and the countries with the smoothest inbound systems often have the clearest outbound expectations too.

It also means we can help when the arrow points inward. If you represent a foreign party who needs a defendant served here, we handle that side as well — matching the same standard of valid service and returned proof to inbound assignments that we apply to outbound ones. Whichever direction your matter travels, the objective never changes: we work to ensure that the service is done correctly and can be proven, every time.

How Do You Serve Divorce Papers on a Spouse Living Abroad?

Family law cases feel intensely personal, and few things frustrate people more than a spouse who leaves the country right as a divorce begins. The good news: living abroad does not put anyone beyond reach. To serve divorce papers on someone overseas, you follow the same international framework as any other civil matter. If the spouse is in a Hague member country, your divorce papers abroad go through that nation’s Central Authority. If not, letters rogatory or another lawful channel applies.

The wrinkle in family law matters is that many courts will accept a waiver of service if the other spouse is willing to sign one, which can save enormous time. When cooperation isn’t on the table — and in contested divorces it rarely is — formal international service of process becomes the reliable path. We handle the translation, route the packet to the correct central authorities, and track the file until proof returns, so a petition doesn’t stall on a paperwork issue.

One point matters more than any other here: valid service protects your judgment. A divorce granted on shaky service can be challenged later, sometimes years down the road when property or custody resurfaces. Doing it correctly the first time — with proper service documented cleanly — is what makes the outcome stick. That’s why we treat every serve divorce papers assignment as if it will be scrutinized, because sometimes it is.

   Serving Papers Overseas - Start Here

What Counts as Proof of Service When the Defendant Is Overseas?

Delivery isn’t the finish line — provable delivery is. Proof of service is the record that convinces your court the defendant genuinely received the legal documents, and its form depends on the channel you used. Through the Hague framework, the Central Authority returns a signed certificate of service. Through domestic-style channels, you may rely on an affidavit of service instead. Either way, the goal is the same: file something opposing counsel can’t pick apart.

We ensure that service is documented from the first attempt, and we build that proof to survive a challenge. From the moment we attempt to serve, we track the assignment until the certificate comes back, then confirm that service is properly documented before it lands in your file. A clean record showing that the documents are delivered — and how, and when — is worth far more than a delivery you can’t prove. When service is complete, what you hold in your hand should be hard to attack.

There’s a reason we’re careful here. A defendant’s best move against a strong case is often to argue they were never properly served. Solid proof of service slams that door shut. When we tell you service is properly documented, we mean it will stand up when someone tries to reopen the question.

How Long Does International Service Take, and What Can Go Wrong?

Honest answer: plan for roughly two to six months for most matters. Cooperative jurisdictions move faster. Known backlogs can stretch past a year. Service can take longer than anyone would like, and budgeting for the certificate’s return trip is part of realistic planning. Anyone who promises you a guaranteed date on international process either doesn’t understand the system or isn’t being straight with you.

Most of what goes wrong is preventable. The failures we correct most often are missing official-language translations, requests sent to the wrong appropriate agency, formatting the destination rejects, and choosing a postal channel in a country that formally objects to it. Each one sends your packet back to square one. We handle certified, court-ready translations on the front end specifically so your file doesn’t return three months later over a fixable mistake.

This is also why the choice of channel is strategy, not paperwork. Picking the wrong route to serve a defendant abroad means you find out weeks later — after your deadline has passed. We check treaty membership, we check the country’s stated objections, and we match the method to what the destination actually accepts, so your first attempt is your best attempt.

Why Work With a Professional International Process Server?

You could try to navigate 195 different legal systems on your own. Most people who do end up calling us anyway, usually after a rejected first attempt. A seasoned international process server does more than drop off documents — we map the fastest lawful path, prepare the translations, route your request for service abroad correctly, follow up, and return proof your court will accept. One file, one point of contact, every continent.

A reliable process server with real international experience also solves the problem people forget about: sometimes the obstacle isn’t the treaty at all — it’s an outdated address. When a defendant thinks they’ve disappeared, our licensed investigators run skip tracing, database searches, and lawful research to locate them. Pairing a private process server mindset with investigative muscle is how we reach people who are actively evading notice.

We also give straight legal advice boundaries: we handle the process, we don’t practice law, and we’ll always tell you when a question belongs with your attorney. What we promise is a recognized process, executed correctly, with proof of service you can defend. For any process service needs that cross a border, that combination is the difference between a case that moves and one that stalls.

The Global Process Server has provided fast, professional and affordable legal support to businesses and individuals on every continent for more than three decades. We serve legal documents of all types to 195 countries around the world according to Hague Service Convention, Letters Rogatory, Inter-American Treaty, as well as any other national or international requirements. 

Click any nation below for more information about international process service.

Our Services

We built our service lines around the reality that cross-border cases fail in small ways — a missing translation, the wrong agency, a document formatted incorrectly. We consolidate the whole chain under one standard so nothing slips.

International Service of Process

We serve legal papers in 195 nations under the Hague Service Convention, the Inter-American Convention on Letters Rogatory, and traditional letters rogatory. We analyze treaty membership, prepare certified translations, route your packet to the correct central authorities, choose the defensible channel, follow up, and return court-ready proof. Whether you’re serving papers abroad in a Hague member country or navigating a non-treaty nation, we handle serving legal documents across borders end to end — one file, one standard, from first filing to returned proof.

Nationwide and Specialty Process Service

Our coverage doesn’t stop at the water’s edge. We serve legal documents in all 50 states, U.S. territories, and on Indian Reservations, where tribal rules stand apart from state and local law. We also handle domestication of foreign-state subpoenas and judgments in both UIDDA and non-UIDDA states, plus court-authorized service by publication when direct delivery isn’t possible. Domestic and international, it’s one team and one standard.

Investigations and Skip Tracing

When the hard part isn’t the channel but finding the person, our certified investigators — many of them former law enforcement — provide skip tracing, asset and background research, records and electronic data retrieval, and lawful surveillance. We locate hard-to-serve defendants who are dodging notice, then complete the service abroad of judicial and civil documents once we’ve pinned down where they are.

What Our Clients Say

“Our client fled to Southeast Asia the week we filed. Two prior vendors bounced the packet on translation errors. The Global Process Server got it through the Central Authority and returned a clean certificate we filed without a single objection from opposing counsel.” — Managing Partner, Litigation Firm

“I was trying to serve divorce papers on a spouse who moved to Europe, and I had no idea where to even begin. They walked me through it, handled the translation, and stayed in touch the whole way. When the proof of service came back, my attorney said it was exactly what the court needed.” — Individual Client, Family Law Matter

“We handle cross-border litigation constantly, and having one point of contact for international service of process has saved us more billable hours than I can count. They understand the difference between a letter rogatory and a Hague request, and they pick right every time.” — General Counsel, Mid-Size Company

Can You Serve Someone Internationally?

Yes — you can absolutely serve someone who is living abroad, and people do it every day. The reach of a U.S. lawsuit does not end at the border. What changes is the method of service. Instead of following only your state’s rules, you follow an international framework: the Hague Service Convention if the destination is a member, or letters rogatory and other channels if it isn’t.

The key is that serving someone internationally must be done through a recognized process the foreign country accepts. You can’t simply fly over and hand someone papers on a whim, and you usually can’t mail them either, depending on the nation’s objections. Working with an international process server ensures your papers internationally reach the defendant through a channel a U.S. judge will honor.

In short: international service is fully possible, but only through the lawful channel each destination requires — get that right and distance stops protecting your defendant.

What Happens If You Don’t Answer the Door to a Process Server?

Refusing to open the door rarely stops service, and it almost never helps the person hiding. A process server doesn’t need a handshake or a signature in most jurisdictions — physical acceptance isn’t the point, legally sufficient notice is. Dodging a knock simply pushes the case toward other lawful methods.

When a defendant repeatedly ducks personal service, courts have tools. Depending on the rules, a server may complete substituted service, or a judge may authorize alternative service such as service by mail or, as a last resort, service by publication. Ignoring a process server doesn’t make a lawsuit disappear; it usually just removes the defendant’s chance to respond on favorable terms.

In short: avoiding the door delays nothing meaningful — courts allow other routes, and the case moves forward with or without cooperation.

How to Serve a Defendant Out of the Country?

To serve a defendant who is out of the country, you first identify whether their location is a signatory to the Hague service treaty. If it is, your request for service goes through that country’s Central Authority, which arranges delivery under local law and returns a certificate. If it isn’t, you turn to a letter rogatory, the Inter-American Convention, or another lawful channel.

Before any of that, three things get locked down: the correct channel, a certified translation into the official language, and formatting the destination will accept. Skipping any one of them is the most common reason international service of process comes back unserved. This is exactly the kind of help with international service a professional exists to provide.

In short: match the route to the destination, translate before you transmit, and document the result — that sequence is how service abroad holds up.

How to Serve Someone Divorce Papers Overseas?

Serving divorce papers abroad follows the same international rules as any other civil case. If your spouse lives in a Hague member country, the serve divorce papers request goes through its Central Authority. If not, letters rogatory or another channel applies. Many family law courts will also accept a waiver of service when the other party is willing to sign, which can shorten the process considerably.

Because divorce touches property, support, and sometimes custody, valid service here is not a formality — it’s protection. A judgment built on defective service can be reopened later. We handle the translation, route the packet to the right central authorities, and return proof so your petition rests on proper service that will hold.

In short: treat overseas divorce service as carefully as the divorce itself, because clean proof of service is what keeps the final judgment secure.

Can You Press Charges Against Someone in a Different Country?

This question mixes two systems, so it’s worth separating them. “Pressing charges” is criminal, and criminal matters are handled government-to-government — the Hague Service Convention specifically does not cover criminal cases. Prosecutors, not private parties, drive criminal actions, often through mutual legal assistance treaties rather than civil service channels.

If your dispute is actually civil — money owed, a contract broken, a family matter — then yes, you can pursue it against someone in another country through international service of process. Understanding which bucket your situation falls into is the first real decision, because the process for serving documents differs completely between the two.

In short: civil claims abroad follow the international service framework, while true criminal matters run through government channels — know which one you’re in before you start.

How Much Does It Cost to Sue Someone Overseas?

Cost depends on the destination, the channel, and how hard the defendant is to locate. Translation into the official language is often a significant line item, and formal service through the Hague Central Authority carries its own fees that vary by country. Letters rogatory generally costs more and takes longer because of the diplomatic layers involved.

The most expensive path, ironically, is the cheap first attempt that fails. A packet rejected over a translation or formatting error means paying again and losing months. We give a clear, upfront free consultation and quote so you can budget realistically from the start, and we build the case for doing it right once instead of cheaply twice.

In short: budget for translation, channel fees, and location work — and remember that a correct first attempt is almost always the cheaper option.

Can a Non-US Citizen Sue Someone?

Yes. U.S. courts are open to non-citizens as plaintiffs far more broadly than many people assume. Citizenship is generally not the gatekeeper — jurisdiction is. What matters is whether the court has authority over the defendant and the subject of the dispute, not the passport the plaintiff carries.

A non-citizen bringing a case still has to serve the defendant properly, and if that defendant is abroad, the same international service rules apply. Whether the plaintiff lives in Toronto or Tokyo, serving legal documents across borders runs through the Hague framework, letters rogatory, or another recognized channel. We help plaintiffs of any nationality get service done correctly.

In short: a non-citizen can sue in U.S. courts when jurisdiction is proper — and the service rules for reaching the defendant are the same as for anyone else.

Can I Leave the Country If I’m Being Sued?

In most civil cases, yes — being sued generally doesn’t bar you from traveling. But leaving does not make the lawsuit vanish. If you’ve already been served, the case proceeds whether you’re home or abroad, and ignoring it can lead to a default judgment against you. Distance is not a defense.

If you leave before service is complete, you may simply be served outside of the United States through the same international channels described throughout this guide. Some people move abroad believing it ends the matter; it usually just adds an international service step for the other side and a certificate to their file. If you’re being sued, the wiser move is to respond, not run.

In short: you can typically travel, but the case follows you — leaving the country changes the logistics of service, not the outcome of the lawsuit.

Is It Hard to Sue Someone Internationally?

It’s more involved than a domestic case, but “hard” is the wrong frame — it’s a defined process that rewards preparation. The difficulty isn’t mystery; it’s discipline. You have to select the right channel, translate correctly, format to the destination’s standards, and document the result. Miss a step and you restart. Follow the steps and it works.

Where cases genuinely get hard is when a defendant is deliberately evading notice or when a country sits in more than one treaty system, like Mexico. Those situations call for judgment and experience, not just paperwork. That’s where a seasoned international process server turns a daunting task into a managed one — and where help with international service pays for itself.

In short: international lawsuits are demanding but predictable — with the right guidance, the process is entirely navigable.

What Is the Hague Service Convention?

The Hague Service Convention is a 1965 treaty — formally, the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters — drafted under the Hague Conference on Private International Law. It gives every signatory nation a designated Central Authority and a shared standard for how legal documents are served across borders in civil and commercial cases.

Its purpose is predictability. Because every signatory to the Hague works from the same provisions, service that once meant guesswork now follows a defined path with a certificate at the end. The Hague service convention provides the road map, but it doesn’t decide your case or reach criminal matters — it simply ensures documents are delivered in a way courts on both sides recognize.

In short: it’s the international treaty that standardized cross-border service — your primary tool whenever your defendant lives in one of its roughly 80 member countries.

The Most Important Things to Remember

  • The destination’s rules control, not your address label. Confirm treaty membership, mail objections, and translation demands before you send anything outside the united states.
  • The Hague Service Convention is your default road map when the country participates in the Hague system — route through the Central Authority and follow Article 5.
  • No treaty? Letters rogatory or the Inter-American Convention step in, but plan for longer timelines through diplomatic channels.
  • Translate before you transmit. Most authorities reject an English-only packet on sight, and that single miss can cost you months.
  • Proof of service is the real finish line. A signed certificate of service or affidavit of service is what makes your effort defensible.
  • Divorce and family law cases need extra care — clean service protects the final judgment from being reopened later.
  • Plan for two to six months for most matters, and budget for the certificate’s return trip.
  • One experienced partner beats a dozen vendors — treaty selection, translation, transmission, follow-up, and proof under one file.

 

Ready to Serve Papers Overseas the Right Way?

Don’t gamble a strong case on guesswork. The Global Process Server was founded by experienced licensed private investigators, with more than 30 years of finding defendants, serving legal papers, and returning proof that courts accept. We’re trusted, reliable, and affordable — and we cover all 50 states, U.S. territories, Indian Reservations, and 195 nations.

Send us the country and the documents, and we’ll map the fastest lawful path before the clock runs out. Call 855-505-9155 or request your FREE CONSULTATION and quote at theglobalprocessserver.com today.

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Disclaimer: This article is provided for general educational purposes only and does not constitute legal advice. Reading or acting on it creates no attorney-client relationship. Treaty membership, country-specific objections, translation requirements, and processing timelines vary by jurisdiction and change over time — verify current requirements for your destination. No warranty or guarantee of a particular outcome, result, or timeline is promised or implied.

The Hague Convention on the Service of Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters is designed to simplify the process of servicing process to assure that defendants sued in foreign jurisdictions receive actual and timely notice of suit and to facilitate proper proof of service. For more information on the Page Convention please visit the following resources:

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