The SCOTUS Just Confirmed That International Mail Service is Still Legitimate

Standard postal mail might seem outdated in the age of instant smartphone communication, but the Supreme Court of the United States just handed down a unanimous decision on May 22 proving that snail mail is far from obsolete. In its Water Splash, Inc. v. Menon decision, the SCOTUS confirmed that a complaint and summons can indeed be served through the mail, because it is not prevented by the Hague Service Convention.

What Is the Hague Service Convention?

The Hague Service Convention is a treaty adopted by many countries around the world, including Mexico, the United States, Canada, Australia, and the majority of Europe. According to the treaty, service of process of legal documents can be achieved from one state or country to another without the use of other, more complicated diplomatic channels. This means that process servers have a much easier time serving papers in countries that are members of the Hague Service Convention. Each state simply designates a central authority that accepts all incoming requests for service and then arranges for the service of process to occur in a manner that is acceptable in that area.

Water Splash, Inc. v. Menon

In this court case, Water Splash, a Texas designer and manufacturer of aquatic playgrounds, brought a lawsuit against Tara Menon, a former sales representative and Canadian resident, on the grounds that Menon improperly used designs and drawings belonging to the company. Water Splash utilized the Hague Convention to serve Menon by mail, and a default judgment was entered because she failed to respond. When Menon appealed the decision, the Texas Court of Appeals ruled that the Hague Convention did not allow service of process by mail. The issue went all the way to the Supreme Court.

Ultimately, the SCOTUS voted 8-0 that the Convention does permit service of a complaint and summons by mail as long as certain conditions are met. First, it must be permitted by the jurisdiction where the litigation is pending. Second, it must be permitted by the country receiving the mail. This is a very significant decision moving forward, because it will prevent organizations and individuals alike from ignoring any process of service delivered in the mail. Anyone hoping to avoid a lawsuit using Menon’s original no-response tactic will be sorely disappointed.