U.S Military members serve our country in vital and courageous ways, but they are not immune to the potential for service of process. However, serving a member of the military often requires extra considerations.
On a Military Base
If a military member is located on land with exclusive jurisdiction, like a base, fort, or other military installation, then the governing military body will determine whether the military member wishes to accept the service voluntarily. If so, they will cooperate to achieve successful service of process. But in this case, the base authorities are not required to guarantee process serving.
It’s also possible that the military member is located in a place with concurrent jurisdiction, meaning that the land is controlled both by the state and the federal government. For example, the U.S Air Force Academy is shared by the state of Colorado and the federal government. In this case, the military will allow the process server to service the military member, even if the military member denied voluntary acceptance.
Overseas
Serving a military member deployed overseas has its own complications. There are a few options, each with its own downfall.
It’s possible to use an international location’s designated authority, known as the Central Authority (CA), to complete service of process. However, since this is usually handled by a government organ, it can involve significant delays. Furthermore, the country’s CA may not be allowed to enter an American military installation to serve process at all.
Service by registered mail with a return receipt is another option. It’s relatively quick and doesn’t cost much, but it’s the easiest method to avoid if the military member does not want to be served. To make matters more complicated, countries like Germany and Russia no longer allow process by registered mail.
Lastly, personal service can occur using a local agent. This is the quickest but most expensive technique. The biggest potential problem is if the other country’s due process doesn’t sync with the issuing state’s due process. In that case, the service of process may not hold up in court.
It goes without saying, then, that serving a military member requires diligent research and extensive patience for success.
