Case of the Day: DLJ Mortgage Capital, Inc. v. Roland
Posted on July 9, 2015
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.