Business Litigation – Service of Process on Defendant(s) in China

Business Litigation – Service of Process on Defendant(s) in China

At LA Law Group, we provide services to business and individuals who have causes of actions both against domestic and international defendants.

Where the defendant is out of the United States, service can be a challenge and we advise our clients early on in the case to take this into consideratin.

We recently were retained to assist a client in a claim against a Defendant in China.

Service in China

Both China and the United States are parties to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (the “Hague Convention”). The Hague Convention applies to any commercial case when service must be made in China and when the address of the person or corporation to be served is known. It requires that service be made via the Chinese Ministry of Justice, which is China’s central authority under the Hague Convention (China has also objected to any service outside of its Ministry of Justice).

In order to serve process, you need to translate all of the documents into simplified written Chinese, wire $95 to the Ministry of Justice, fill in form USM-94 (a form with simplified Chinese is available here), and send it all to the Ministry of Justice. Make sure that everything is absolutely accurate (particularly the address) or the Chinese authorities may reject your request. Then you must wait, with the Ministry of Justice saying that service may take 4-6 months, and some litigants looking at two years before the Ministry even returns proof of service.

While this can be a very long and frustrating process, the Hague Convention does allow for interim relief in cases of urgency, such as temporary restraining orders and preliminary injunctions. And, if the Chinese authorities have not served process within six months, a court can authorize alternative service under Rule 4(f)(3), which allows for service by any means not prohibited by international agreement so long as the service comports with due process.

Other Methods

If you cannot find any address for the Chinese entity or if there is a U.S. subsidiary or U.S. counsel already involved on their behalf so that the documents may not need to be transmitted abroad, then you may be able to avoid going through the Hague Convention process and request that the court authorize that the initial service take place under Rule 4(f)(3). The appropriate service under Rule 4(f)(3) will depend upon the situation, but may be by e-mail, fax, online message (via Amazon, eBay, or some other platform) or even online publication in a place frequented by the defendant.

Parties suing Chinese entities would be well advised to consider service issues early on in the case, since they can result in a long delay before service is made. Nonetheless, starting early and following up with the courts in the United States if service is unacceptably slow, parties can bring Chinese entities before the U.S. courts to seek justice.

Personal Injury Attorney in Chatsworth

Personal Injury Attorney in Chatsworth

If you are involved in an automobile accident and are injured, you have likely faced the challenges on finding the best personal injury attorney to help you through the process. We understand hat between radio, television, billboards, internet ads, and mail solicitation, it can truly be too much.

As a small PI firm, we spend our time centered on our clients, not on advertising. We are focused on ensuring that we receive outstanding results on each and every car, motorcycle, or pedestrian accident which we represent an inured plaintiff, and receiving referrals from satisfied clients who know the way would not receive the similar results or attention with another firm.

If you are tired of calling and speaking with Secretaries, operations, or paralegals, and want to speak directly with an experienced personal injury attorney, contact us for a free consultation. At LA Law Group, APLC we serve clients in Chatsworth, Canoga Park, Northridge, including CSUN students, Porter Ranch, Woodland Hills, West Hills, Tarzana, Encino, Sherman Oaks, and throughout Southern California.

Contact us at 866.62-LALAW or via email at [email protected]

Personal Injury Attorney in Chatsworth

Amazon Sellers May be Entitled to $$$ – Temporary Restraining Orders.

Amazon sellers who receive a temporary restraining order by a U.S. Court may be entitled to make that brand, or their legal counsel, pay you money damages.

A temporary retraining order (TRO) can result in your #Amazonseller account to be frozen. If you received this type of order against you or your company and were victimized, contact us for a free consultation.

Frequently #brandprotection lawyers representing the brands will rush into #court in what’s known as a ex parte hearing, which means that they meet the Judge in secret and in an effort to pursuance the judge to issue an order to freeze your Amazon account, your disbursement and money held by Amazon, and your inventory stored at Amazon.

Sellers have a host of defenses in these matters and a skilled #attorney who is familiar with Amazon and intellectual property can often make a compelling argument that the order should not be issued, and that the #brand or #lawyer should be responsible for damages they have caused you.

We always tell clients that these matters need to be addressed on a case by case basis, and there is no “one size fits all” answer for all #amazonsellers. If you are facing this type of issue- we strongly recommend a complimentary consult with one of the attorneys at LA LAW GROUP. We have the most Amazon knowledgeable team anywhere and are dedicated to helping Amazon sellers globally.

Personal Injury Attorney in Chatsworth

PayPal Acceptable Use Policy

When one of our clients brought to our attention a recent issue that they were having with PayPal, even we were in disbelief. Nonetheless, we have found that our client is not alone, and there are hundreds, if not thousands of merchants who have had their funds withheld by PayPal.

Although no two cases are exactly alike, the facts of each case will be unique, and therefor the outcome of each case will vary based on the circumstances in support of both te Merchant and PayPal itself. With this in mind, we still however believe that most merchants who have done nothing wrong or illegal, and that their actions do not violate this policy, have recourse against PayPal, and that PayPal is not entitled to convert to its own use, regardless of the account balance.

As experienced E-commerce sellers with nearly 20 years experience on Paypal, LA Law Group is unique in that we combine the practicality with our legal knowledge and expertise to forge unique and creative solutions and attain optimal results for our clients.

If you need help with an issue you are experiencing with PayPal, contact us for a free consultation.

Best Car Accident Attorney in Simi Valley, CA

Best Car Accident Attorney in Simi Valley, CA

Whether you or a loved one are involved in a accident, it is difficult to ascertain who to trust. There are many personal injury attorneys who flood the media including television, radio, and billboards with advertisement and treat you as a number throughout the process.

We believe in a client-centered approach, where we are focussed in ensuring a hassle-free experience for our clients while working diligently to achieve the best outcome.

We are proud to be recognized as the Top 20 Car Accident Attorney in Simi Valley and look forward to serving clients in Simi Valley and surrounding areas including Chatsworth, Northridge, Granada Hills, North Hills, Calabasas, Woodland Hills, Canoga Park, Encino, Tarzana, and Sherman Oaks.

Why Us?

Expertise has a goal to connect people with the best local experts. They scored Simi Valley Car Accident Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.

  1. Availability Consistently approachable and responsive, so customers never feel ignored.
  2. Qualifications: Building customer confidence with licensing, accreditations, and awards.
  3. Reputation: A history of delighted customers and outstanding service.
  4. Experience: Masters of their craft, based on years of practical experience and education.
  5. Professionalism: Providing service with honesty, reliability, and respect.

We are proud to have scored highly in all the categories by the Expertise network as being one of the Top Car Accident Attorney’s.

You can read more about this recognition directly: https://www.expertise.com/ca/simi-valley/car-accident-lawyers

Success Story – Amazon Appeal and Reinstatement

Success Story – Amazon Appeal and Reinstatement

Our client had an issue with Amazon which they had attempted multiple times to appeal without success. This was a Used Sold as New violation and an ASIN Suspension on Amazon.

We engaged the client and reviewed their sales history on the item, returns, voice of the customer reports, negative ratings, as well as the buyer communication to help determine objective causation as to the root problems they were having with this ASIN leading to this issue.

We reviewed their prior correspondence with Amazon and prior appeals and we drafted a timely and thorough appeal addressing their concerns.

We are pleased to announce that our clients appeal was accepted, and this violation was removed.

As Attorneys with years of Amazon sales experience, we are proud to say that we are the most insightful and result oriented licensed lawyers who help sellers with their issues with Amazon.

We handle all clients matters directly and you will NEVER be handled by a paralegal.

If you are having an issue with Amazon, contact us for a free consultation.