About Us
Singh Process Servers India is based in capital city Delhi and is the most reliable and cost effective agency for process service in India. We are a proud member of NAPPS (National Association of Professional Process Servers) USA. We can facilitate you in serving the legal documents by any one or both the following methods, as advised by your attorney:
Hague Convention Process Service in India
India is a signatory to Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters i.e. Hague Convention and thus the service of legal documents in India should be done in accordance with the procedure prescribed by the Convention. Each contracting stated shall designate a Central Authority which will entertain requests for service of judicial or extrajudicial documents coming from other Contracting States. India has designated Department of Legal Affairs (Ministry of Law and Justice) as the Central Authority for the provisions of the Convention. The Central Authority or judicial officer competent under the law of the State in which the documents originate can forward a request along with the copy of documents to be served, to the Central Authority of India.
The Convention mentions various methods of serving the documents and at the same time it has empowered the contracting states to opt out of said methods. India has opposed Article 8 which allows a Contracting State to effect service of judicial documents upon persons abroad, directly through its diplomatic or consular agents. Thus, the service of process in India by such means is not allowed unless the documents are to be served upon a national of the State in which the documents originate. India has also opposed the method of service provided in Article 10 of the Convention which means that the process service of legal documents in India cannot be effected by postal channels or through judicial officers, officials or other competent persons. This leaves only one option for serving legal documents in India, through the Central Agency.
The Hague Convention does not specify a time frame for service but service of process in India generally takes more than six months and about a year in some cases. However, the convention has also provided relief to litigants in cases where the service of process is delayed beyond a specific period. Article 15 of the Convention states that if the document was transmitted by one of the methods provided for in this Convention and no certificate of service or delivery has been received from the Central Agency in a period of six months, the court may give judgment if it considers that a reasonable time has elapsed. However, the respective countries have to authorize their courts to do so. Thus, if process service in India cannot be effected within a reasonable period, you can plead to the court for relief.
We have a team of lawyers who can facilitate you by accelerating the process of serving the documents by doing follow up with the concerned officials. This way, you will not have to wait for an uncertain period. Your attorney should fill in the Request Form and send it along with the requisite documents to the Central Agency of India through post. You can then share the details with us and we will ensure that the documents are served at the earliest and that the Certificate of Service is dispatched without delay.
Personal Process Service in India
If your attorney advises, you can also get the documents served by personal process service in India. There are several instances where service of process done under this method is quite useful as it saves a lot of time and money. In some cases, our clients choose to initiate the process service under Hague Convention and also get the documents served personally on the defendant through us. This method of service may be useful in cases where you do not intend to enforce the court order in India. Further, it may also be useful in cases where no certificate of service or delivery has been received from the Central Agency in six months. You can submit the affidavit of service and request the court to issue the judgment without waiting response from the Central Agency.
Our strong network of process servers is spread across the country which enables us to provide efficient services to the clients. As our process servers are based in different parts of India, we save a considerable cost of travel and pass on the benefit to our clients by providing our services at a reasonable fee. We make all the efforts to ensure that the services provided by us are flawless and the service of process is done as soon as possible. Once the service is done, we take no time in sending you Affidavit of Service which you can use as proof of service of documents to the defendant or respondent.
Why Us?
There are various reasons why you would like to choose our services and some important ones are mentioned below:
- Legal Team – We have in-house team of lawyers who can facilitate in getting the documents served on a timely basis. They are well conversant with international and domestic laws governing process service in India. If you have opted for method of process service under the Hague Convention, they can ensure that the service is done efficiently.
- Professionalism – The process service in India is done by our trained and experienced process servers under the guidance of legal professionals. The process server is properly briefed before he leaves for serving the documents. If there is any information that you believe can help the process server while serving the documents, we will share such information with the concerned process server.
- Efficiency – As you would be aware that almost all the states of India have different cultures and speak different languages, a process server who is best in one region might not be that efficient in other regions. We have the advantage of having network in all the states and depute the process server who can easily communicate with the party and his/her family members. This becomes important in cases where party shows resistance in accepting the documents. It is easier for person who can communicate in local language to convince the party to accept the papers.
- Cost Efficiency – We believe that we are the first and only agency in India to provide personal process service at flat rate, irrespective of the location. As have already been mentioned, our network is spread all across India and thus we are not bothered to know the location and then providing a customized quote. It also saves your time which you will waste asking for quotations and then choosing the best one.
If you are new to litigation, you would be having various questions and doubts in your mind. We have tried to cover some main questions that are generally asked by our clients. You may go through our Blog or visit the FAQ section of our website which are very useful. However, if your question or doubt is not covered, you can post your query on our blog or write to us at our email address [email protected] and we would be happy to assist you.