Each year, thousands of people within the United States are injured by defective foreign products. These victims often have trouble obtaining legal relief for their injuries against foreign manufacturers responsible for such injuries. This is in large part due to the difficulty with serving process on foreign manufacturers.
Current Service of Process Laws on Foreign Manufacturers
Currently, if an individual is injured by an imported foreign defective product within the U.S., he or she must rely on a foreign government to render service of process on the foreign manufacturer if the company is located in a country that is a signatory of the Convention of the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
Unfortunately, these countries do not have an enforceable obligation to serve process as requested. This causes countless individuals to forego legal relief for injuries sustained due to a lack of personal jurisdiction over the foreign manufacturer by U.S. courts.
New U.S. Legislation Proposal for Service of Process on Foreign Manufactures
A new bill has been proposed to streamline service of process on foreign manufacturers in the U.S. The Foreign Manufacturers Legal Accountability Act of 2013 (FMLAA) would require foreign manufacturers of products imported into the U.S. to establish registered agents within the U.S. who are authorized to accept service of process against such manufacturers. The agent will be required to register in a state with a substantial connection to the importation, distribution, or sale of products of the foreign manufacturer or producer.
Specific government agencies will be required to determine based on the value or quantity of goods manufactured or produced, which foreign manufactures and producers under the respective authority would be obligated to designate a registered agent.
If this bill passes, U.S. courts will finally be able to assert personal jurisdiction over foreign manufactures that import products into the U.S. It will help countless individuals obtain legal relief against foreign manufactures for injuries sustained as a result of their imported defective products. Click here for more information about this bill.
Contact Velocity Legal Service for your service of process needs. We will serve any paper or any legal document anywhere in the United States. We have registered process servers ready to assist you. Contact us at 800–311-6044 to get started.
Sources
H.R. 1910: Foreign Manufacturers Legal Accountability Act of 2013