We are process service experts ready to serve Brazil as soon as this week. Start your litigation or move it forward with our Brazil process service company, Process Server One, offering three decades of experience as Brazil process servers. Start with a free consultation by filling the forms to the right, or learn more about our Brazil process servers below.
Process Server One started serving legal documents more than 30 years ago. We’ve aided law firms and state and federal agencies, building close relationships with government officials including members of the U.S. Department of State. By continually serving legal documents abroad, we’ve built expertise with foreign process service laws. And today, Process Server One serves in more than 80 countries with rush service available everywhere.
With offices serving major regions around the world, we are well networked throughout every continent. Process Server One has Brazil process servers located in both metropolitan and rural areas. Our Brazil process service company is recommended for their due diligence and staying up to date with 2021’s fastest process service methods.
Our Brazil process servers keep clients up to date through Process Server One’s online portal, which makes it easy to request an update on any assignment in progress. For a small fee, our Brazil process service company will file your Proof of Service with the appropriate court (just ask before we begin). In addition to serving papers, our Brazil process service company gladly helps to track, trace, and locate missing people or businesses as it relates to process service. A skip trace can quickly reveal new information to get your case back in progress.
By tracking legal changes and current events, Process Server One’s Brazil process servers understand the best ways to expedite assignments and beat pressing deadlines. In addition to rush service, we offer to serve your legal paperwork informally (which can save months of time compared to formal service through the Hague Convention).
Note: Process service in Brazil (formal and informal) can vary greatly because customs and traditions lead to delays year-round. If you choose rush service, Process Server One’s private network of Brazil process servers and government officials may be able to minimize slowdowns despite the circumstances. Bring any specific questions to a free consultation with our experts.
What Makes Process Server One a Reliable Brazil Process Service Company?
- Fair and up-front pricing on every assignment. Every time. Without hidden fees
- Service methods accepted by all courts worldwide
- Licensed and registered international process servers with decades of experience
- Rush service available to beat deadlines, serving over 80 nations globally since 1986
The Federative Republic of Brazil first started enforcing Hague Service Convention rules on June 1, 2019. Before Brazil signed the Hague, service of process in Brazil took tremendous time and persistent effort. Completing one assignment used to take more than one year in many cases two years or more because of the Brazilian authority’s requirements for document preparation and formatting.
According to Article 8 — Foreign diplomatic and consular agents are not allowed to effect service in Brazil.
According to Article 10 — Service by post from abroad is not prohibited, nor are requests made directly to Brazil’s judicial officers – requests need to be made to Brazil’s Central Authority.
Process Service in Brazil is now limited to Hague Service Requests made through the Central Authority as process service by mail or by an agent is prohibited.
Request an immediate status update from our Brazil process servers at no additional charge. We stay up-to-date on the rules of international service of process through intelligence briefings provided directly from the United States Department of State. Our notes on the socio-political conditions in nations we serve are provided by the Central Intelligence Agency. Speed of service may take longer than usual in turbulent regions.
Warning: Many websites offer international service of process to Brazil at suspiciously low prices. Beware of scam services created by unlicensed companies, especially those offering contracts with unfair or nonexistent refund policies. Some companies offer only a single attempt at service and have no way to overcome common issues like address information that is not up-to-date. Process Server One is prepared for each of these scenarios and more. Contact our Brazil process servers with any questions today.
This information is not legal advice. Bring any specific questions to our Brazil process servers by calling 855-545-1303. Achieving an enforceable judgment depends on the method of service that you choose. Our Brazil process servers recommend taking time to carefully select the service method that is best to achieve your legal goals.
Specializing In Hard-To-Serve International Service of Process Assignments
To begin an international process service assignment to Brazil, we will need the following:
- PDF versions of service documents uploaded to our website (click here to begin)
- Your defendant’s name, an up-to-date address for service, your preferred speed and method of service (formal, informal, etc.)
Here’s How Our Brazil Process Service Company Works
Brazil is not a signer of the Hague Service Convention. The formal method is Letters Rogatory, a request from a court in the United States to a court in a foreign country requesting international judicial assistance related to service of process. The Inter-American Letters Rogatory Convention on Service governs this method of service. If you anticipate attaching assets in Brazil, you should strongly consider this procedure. The use of this method is not recommended by the U.S. State Department, unless attachment of assets will be necessary after obtaining a Judgment, given the habitual time delays. Treaty service can often take 4-10 months or more to effect. Currently, Brazil has a typical turnaround time of approximately 5 months.
Service through the Inter-American Convention requires 7 pages of treaty documents. All documents to be served, including the 7 pages of treaty documents, must be translated into Portuguese.
For Process Server One to prepare the necessary documents and facilitate the service, we require the following:
- Three (3) complete and legible sets of the documents to be served;
- Name of the judge (in originating jurisdiction) who will be signing the request;
- Name, address and telephone number of the court (your court);
- Name, address and phone number (if known) of the entity being served;
- Name, address and phone number of the plaintiff for who service is being requested;
- Fees are due in advance and will be quoted prior to accepting the assignment.
- Translation of all documents. If we are to provide the mandatory translation, we will bill you for the translation.
Translation fees are payable prior to commencement of service.
Advantage: In effect, creates a case in the country where the documents are served and makes judgment enforceable.
Disadvantage: Serious time delays and costs.
Private process servers may serve documents in most countries, whether a signer of The Hague Service Convention, or not. Service is normally handled in a manner like methods used in the United States, although completion of the service usually takes longer. Customs and traditions in Brazil tend to lead to a slower pace and less rigid work habits. Service sometimes may take several months but informal service is generally much faster than the formal method. Many process servers who we employ are off-duty police officers or other government officials who can, in certain cases, exercise their official capacity to complete the service. Since we pay the process server a bonus (at our own expense) for prompt service, the normal delays are usually reduced. Currently, the time frame for the completion of informal service is approximately 3 weeks.
Advantage: The time frame is generally shorter than the formal method.
Disadvantage: Judgment “may” not be enforceable in Brazil.
The Inter-American Convention on Letters Rogatory and Additional Protocol (IACAP) are a pair of international agreements designed to facilitate judicial assistance between countries. The United States interprets those agreements as limited to covering service of process and countries must be a party to both agreements in order for a treaty relationship to exist.
Replacing the traditional letters rogatory process, the IACAP provides a mechanism for service of documents by a foreign central authority — the Department of Justice is the U.S. Central Authority under the IACAP. Requests from the United States are transmitted via a private contractor carrying out the service functions of the U.S. Central Authority on behalf of the Department of Justice.
While the terms of the IACAP limit its application to civil and commercial matters, it also permits countries to choose to apply it to criminal and administrative matters. Only Chile has declared that it will apply the IACAP in such cases. Note that foreign countries may have different legal interpretations as to what types of actions are considered “administrative matters.”
The required form may be found online at the website of the Department of Justice’s contractor. Formal letters rogatory are not required.
The request for service should include the original and two copies of the form, and three copies of the summons and complaint or other documents to be served.
While it is not necessary to translate the form into the language of the foreign country, the documents to be served (such as summons and complaints) must be translated into the foreign language.
Unlike the Hague Service Convention, the IACAP requires the form to bear the seal and signature of the judicial or other authority of the country of origin and the signature and stamp of the Central Authority. The clerk of the court in the U.S. where the action is pending must place their seal and signature on the form where it reads “Signature and stamp of the judicial or other adjudicatory authority of the state of origin”. The Department of Justice’s contractor will execute the signature/stamp of the U.S. Central Authority.
While the IACAP provides that processing requests shall be free of charge, it also permits Central Authorities to seek payment by parties for costs incurred for services necessary to effect service in accordance with local law. Some foreign countries will charge fees of $25.00 to the foreign central authority. If service is sought in countries other than Mexico and Argentina, a certified check or money order in the amount of $25.00 made payable to the foreign central authority should be forwarded along with the form and the documents to be served. If no fee is charged the check will be returned.
The foreign central authority will execute page 7 of the form as proof of service.
Special Note Re Border States: The IACAP permits courts in border areas of the states parties to directly execute the requests and such requests shall not require authentication. It is important to note that if attorneys representing clients in border states transmit requests directly to foreign Central Authorities, those Central Authorities transmit the proof of service to the U.S. Central Authority. It is important therefore that the request state where the executed request should be returned. This information should include the name and address of the attorney. The U.S. Central Authority also advises that Mexico requires that a request transmitted from a border state to the Mexican Central Authority be authenticated in accordance with the Hague Apostille Convention.
Time Frame: The time required to execute a Convention request is not much faster than the letters rogatory procedure in some countries. As a general rule it may take from 6 months to a year for a request to be executed. The U.S. Central Authority advises that Argentina and Peru have succeeded in processing requests more quickly, generally within three months.
Service by Mail: Neither the Convention nor the Additional Protocol expressly provide for service by mail. Litigants should consult local counsel to determine if mail or other methods of service are available, and what effect the use of alternative methods might have on later efforts to have a U.S. judgment locally enforced.
U.S. Reservation Concerning Obtaining Evidence: The United States made a reservation pursuant to the Convention excluding its application to requests to obtain evidence. Litigants may wish to consult local counsel to determine what methods are available. For general information on seeking evidence overseas through the letters rogatory process, see our website.
Service in the U.S. Under the Convention: While alternative methods for service such as personal or mail service are permitted in the United States, the private contractor carrying out the service functions of the U.S. Central Authority on behalf of the Department of Justice also accepts requests from foreign Central Authorities for service of process in the United States. The private contractor does not charge a fee for service requests made pursuant to the Convention and Additional Protocol.
Foreign Central Authorities: Information on foreign Central Authorities may be found on the Organization of American States’ website.
Most countries require the documents to be translated into the official language of the nation where they are to be served (in this case, Portuguese). The U.S. State Department recommends translation, but it is not a requirement unless the formal method is used. It is possible, although rare, that a demurrer could be filed based upon lack of understanding by the defendant as to the nature and meaning of un-translated documents. It is important that the Defendant understand the nature of the documents. We offer translation services at rates quoted below.
Service of process*
Letters Rogatory: $1500.00 (+ Embassy Fee of $2300.00)
Expedited Informal: $2700.00 (within 30 days, guaranteed)
*All fees are per defendant/address
Translation: $0.38 per word (proper nouns not translated)
Notary: not available in all countries. Inquire for cost and details.
Copies: billed at local rates per page. Inquire for cost and details.