Case of the Day: DLJ Mortgage Capital, Inc. v. Roland

The case of the day is DLJ Mortgage Capital, Inc. v. Roland (D.V.I. 2015). DLJ had obtained a summary judgment against Lincoln and Leila Roland. The case apparently involved a foreclosure, and so the court directed the clerk to provide a copy of the judgment to the marshal for service on the Rolands, who lived in Canada.

The marshal returned the process to the court unserved, noting that the Canadian central authorities impose a $100 fee for service and that the marshal is not authorized the incur this fee on behalf of private litigants. The fee, imposed with reference to Article 12 of the Convention, is new. According to the Hague Conference website, it has applied since August 2014. And thus a practice point when serving process in Canada: beware the new fee.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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