Q: Can I serve papers by courier abroad to a non-Hague country?
I need to serve papers to an individual in Malaysia, a non-Hague country. I have the woman's mailing address/location. Here is what the US Dept of State says about service:
"Malaysia is not a party to the Hague Service Convention. In the absence of any prohibition against it, service of process in Malaysia may be effected by mail, by agent, such as a local attorney, or through letters rogatory. Litigants may wish to consult an attorney in Malaysia before pursuing a particular method of service of process, particularly if enforcement of a U.S. judgment is contemplated in the future."
Would serving papers via FedEx or a courier requiring a signature be compliant under Michigan law?
A: This would be valid service under Michigan law, provided that the courier is a competent adult who is not a party or an officer of a corporate party. But that does not mean that the Michigan court would have jurisdiction over the defendant, or that the judgment you might obtain would be enforceable against the defendant. The advice given by the State Department is good advice as well. My answer is only for discussion purposes and is not legal advice. In order to properly advise you, I would need all of the facts. And even if I were to advise you, consultation with a Malaysian attorney might be a good idea so that he or she can help you to achieve your objective.
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