§1608 Service; time to answer; default

Summary

When someone files a lawsuit in a U.S. court against a foreign country, a part of that country (like a province or city), or a government-owned organization, the law says how the court papers must be delivered. A "foreign country" means the country itself. A "political subdivision" means a state or local part of that country. An "agency or instrumentality" means a government-owned organization. First, the papers can be handed over if the plaintiff and the foreign side agreed on a way to do it. If there is an international treaty about delivering court papers, follow that. If not, the clerk of the court must mail the papers and a notice, with a translation into the country’s official language, by mail that needs a signed receipt to the country’s foreign ministry. If that mail cannot be done within 30 days, the clerk must send two copies by signed mail to the U.S. Secretary of State, who will forward one copy through diplomatic channels and give the court a certified note saying when it was sent. For a government-owned organization, the papers can also be handed to an officer or an agent in the United States who is allowed to get them, or delivered as a foreign authority directs after a formal request, or as a court orders under local law. Service is counted as made on the date shown in the diplomatic note if it went through the Secretary of State, or on the date shown on the signed receipt or other proof for other methods. The foreign country, its part, or its agency must file an answer or other response within 60 days after they are served. A court cannot enter a default judgment against them just because they did not answer unless the person suing proves their claim with evidence the court finds satisfactory. Any default judgment must be sent to the foreign country in the same way the law requires for service.