Cross-Border Service of Process: Serving Legal Documents Abroad

How to Serve Legal Documents to Foreign Individuals and Companies Abroad?

One of the most problematic stages in legal proceedings is the notification (service of process) of documents. Matters become significantly more complex when the addressee resides abroad. So, what is the procedure to be followed in such cases?

The notification of documents to the relevant parties is widely known as the initial and often the most complicated part of legal transactions, court and enforcement files, and administrative or judicial decisions. Notification procedures can be particularly intricate if the addressee is a foreign individual or entity residing outside of Türkiye.

The validity of the transaction specified in the notification depends on the addressee being informed of the action to be taken. Legal proceedings conducted without proper notification, or following an irregular notification, are subject to annulment, reversal, or cancellation upon the objection of the addressee, even if the decisions have been finalized. Therefore, acting with caution regarding service of process is essential.

When serving documents to a foreign individual or company living abroad, sources of international law such as bilateral or multilateral agreements and the principle of reciprocity must be meticulously researched. Additionally, strict attention must be paid to time limits and costs.

In this article, we address how to serve documents to real or legal persons located outside of Türkiye. The competent authority for notifications to foreigners in Türkiye and notifications sent from Türkiye is the General Directorate of Foreign Relations and European Union (DIAB) of the Ministry of Justice. The notification procedures outlined in this article are derived from the procedures determined by DIAB in Circular No. 66/3.

Sources of International Service of Process

Sources governing how to effect service abroad include bilateral agreements and/or multilateral conventions, international judicial assistance rules, the Notification Law No. 7201, and relevant legislation.

Türkiye has signed bilateral judicial assistance agreements with many states to fulfill notification requests. Furthermore, Türkiye is a party to the most significant international sources on this subject:

• The Hague Convention of 1954 on Civil Procedure (hereinafter referred to as the 1954 Convention).

• The Hague Convention of 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (hereinafter referred to as the 1965 Convention).

Procedures for Service to Foreign Individuals and Companies Abroad

This section discusses how to serve documents to foreigners outside of Türkiye based on whether the state where the addressee resides is a party to multilateral conventions or bilateral agreements.

1. Procedure if a Multilateral Convention Exists

The subject of service is regulated between Articles 1 to 7 of the 1954 Convention. The 1965 Convention, on the other hand, exclusively regulates how service is to be effected in foreign countries.

Since the 1965 Convention contains specific provisions between states that are parties to both Conventions, notification procedures for such states are carried out according to the 1965 Convention.

2. Procedure According to the 1965 Convention

General Principles:

1. States party to the Convention can be found [at this link]. You can access the original text of the Convention and current information on the status of member states [here].

2. Türkiye is a party to the 1965 Convention. However, Türkiye has placed reservations on Articles 8 and 10, accepting that diplomatic officers and consular agents may only serve documents to their own nationals, and rejecting the direct service methods specified in Article 10.

3. According to Türkiye's declaration under Article 15; if it is understood that the document was transmitted abroad for service and a period of more than 6 months has elapsed since the date of transmission, the court may give judgment even if no certificate of service or delivery has been received.

4. Under Article 16, if a judgment has been entered against a defendant who has not appeared, the judge has the power to relieve the defendant from the effects of the expiration of the time for appeal, provided the defendant, without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal, and has disclosed a prima facie defense. Türkiye has declared that such applications will not be entertained if filed after one year following the date of the judgment.

5. Central Authorities: To facilitate service, Central Authorities have been established in member states. In Türkiye, the Ministry of Justice (DIAB) acts as the Central Authority.

6. The Request Form (Form 184): The service documents consist of a Request Form (known as Form 184) prepared in accordance with the model annexed to the Convention, and the documents to be served attached to it.

7. The "Certificate" section on the back of the Request Form is left blank, as it will be filled out by the authority of the requested state after the service is completed.

Key Points When Filling Out the Request Form (Form 184):

• The Request Form and all documents to be served must be prepared in duplicate.

• Relevant parts of the Request Form must be filled out in the language of the requested state, or in English or French.

• Turkish documents must be accompanied by translations into the language of the destination state.

• Identity and Address: The name, surname, and address of the foreign individual or company to be served must be clearly written in the relevant section.

• Method of Service: Option (a) should generally be selected in the "Method of Service" section.

Judicial Authorities: Request forms prepared by judicial authorities (including Execution Offices) in accordance with the Convention are sent directly to the Central Authority of the requested state in duplicate, without any cover letter, pursuant to Article 3 of the Convention.

Direct Service via Post: Although the 1965 Convention allows for direct service by post (Article 10/a), Türkiye has objected to this method. However, for states that have not objected to Article 10/a, it is possible for the competent authority in Türkiye to send the documents directly to the addressee via registered mail with return receipt, without utilizing the Ministry's intermediation.

3. Procedure According to the 1954 Convention

• Türkiye is a party to this Convention but has placed a reservation on Article 6, rejecting the direct service methods therein, except for consular service to its own nationals.

• Requests under this Convention must include a formal request letter containing the nature of the case, names of parties, and other necessary information, prepared in duplicate with certified translations, and sent to the Ministry of Justice (DIAB).

4. Procedure if a Bilateral Agreement Exists

• Generally, requests are prepared in Turkish with certified translations in the language of the requested state or one of the languages specified in the agreement.

• Priority Rule: If both a bilateral agreement and a multilateral convention exist between Türkiye and the requested state, the multilateral convention generally applies. However, if the bilateral agreement contains specific provisions that facilitate service more than the multilateral convention, the bilateral agreement may be applied.

5. Procedure in the Absence of Any Agreement

• If there is no agreement or convention between Türkiye and the requested state, service is effected based on the principle of reciprocity under the Notification Law No. 7201.

• Documents requested to be served abroad by judicial authorities are transmitted via the Ministry of Justice through diplomatic channels to the competent authorities of the receiving state.

General Points to Consider

1. Document Integrity: Documents must be free of erasures or scrapes; copies and translations must be legible.

2. Professional Translation: Translations of service documents must be performed by a translator familiar with legal terminology. The translator must sign every page, state the language, and include a certification of accuracy.

3. Timing: If the documents contain a specific date (e.g., a hearing date), they should be sent to reach the relevant authority at least 3 months prior to that date, considering potential postal delays.

4. Costs: Service costs determined by the Ministry of Justice's annual communiqué must be deposited into the "Miscellaneous Revenues" account of the Ministry of Finance.

State-Specific Procedures: For detailed information on how to effect service in specific countries (105 states), you may refer to the Ministry of Justice's guide on "How to effect service abroad by country."

As the information and costs in this guide are constantly updated, we recommend acting in cooperation with the relevant authorities and DIAB to ensure your notification is carried out correctly.

For any questions or issues regarding service of process to individuals or companies abroad, please do not hesitate to contact us.