NJSBA Family Law Section

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  • 1.  Out of country service

    Posted 06-16-2015 11:50 AM

    i have a client who wants a divorce.  She lives in nj but the husband lives in Mexico and we don't have a good address for him.   We know the town (maybe) but he's avoiding service because he's avoiding child support which , by the way, we don't care about.  she has some relatives there and there have been some Facebook "sightings"

    So, here's my question:  how do I get him served?  Is there guaranteed subpoena company or it's equivalent in Mexico ? What about the Mexican sheriffs department ?   What about publication notice, in a local newspaper? Note here that judges have been giving me a hard time about publication notice lately.  Used to be easier to show diligent inquiry.  And lastly is there a way to serve thru official channels? Like thru the state department or something? 

     

    Thanks. 


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    Brian Winters Esq.
    Bradley Beach NJ
    (732)774-1212
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  • 2.  RE: Out of country service

    Posted 06-16-2015 01:03 PM

    I have used New Jersey Lawyers Service to serve individuals outside the country in divorce cases.  I worked with the below individual from NJ Lawyers Service:

    Analise Esparza

    Director, Service of Process

    New Jersey Lawyers Service

    2333 US Hwy 22 West

    Union, NJ 07083

    (908) 686-7300 ext. 28



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    Stephanie Palo Esq.
    Holmdel NJ
    (732)837-4544
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  • 3.  RE: Out of country service

    Posted 06-18-2015 11:59 AM

    I believe the Mexican government has to cooperate pursuant to the Hague Convention to which Mexico is a signatory.  I am currently using Crowe Foreign Services for service on a Defendant in India: http://www.croweforeignservices.com/

    Crowe Foreign Services: Specializing in Serving Process Around the World, Portland Oregon USA

    I dealt with a Defendant in Mexico last year whose whereabouts were completely unknown except for Wife certifying that he traveled back to homeland of Mexico.  We pursued some relatives, ordered a skip-trace and ultimately filed a motion to publish which was granted.  We also sought help from the Mexican Consulate in NY and presented those results (nil) to the Court.  

    Mexican Consulate-Att. Miguel Medrano  (212) 217-6439

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    Mary Jane Leland Esq.
    Freehold NJ
    (732)409-7777
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  • 4.  RE: Out of country service

    Posted 06-22-2015 11:48 AM

    NJ Lawyers' Service is too expensive. I recently called ABC legal and it seems they're way more reasonably priced and do things as per the Hague Convention. Here's the number: 800-736-7295.

    Best,

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    Aleksandra Gontaryuk Esq.
    Metuchen NJ
    (908)336-7550
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