Law School Discussion

You can now be served by facebook!

barprephero

You can now be served by facebook!
« on: September 27, 2014, 04:05:56 PM »
http://nypost.com/2014/09/18/judge-oks-serving-legal-papers-via-facebook/

This actually makes a lot of sense to me (as long as they can prove it is an active account) The only people that I can see complaining about this are deadbeats who also cry when the server "lies" to them by "tricking" them into admitting who they are (dressing as pizzaman,etc)

Re: You can now be served by facebook!
« Reply #1 on: November 18, 2014, 04:25:09 PM »
To be fair, this probably should've been titled "via" Facebook. Facebook served many people prior to this... :P

Re: You can now be served by facebook!
« Reply #2 on: November 18, 2014, 05:46:10 PM »
Process servers won't be to happy about this. I don't know how I feel about it, many people are not to Facebook savy, and if proof of service by mail is often insufficient I don't understand how it can be done electornically, especially with all the technical glitches that might occur. Also, many people do not check their Facebook account daily or even weekly.




barprephero

Re: You can now be served by facebook!
« Reply #3 on: November 18, 2014, 09:21:21 PM »
Process servers won't be to happy about this. I don't know how I feel about it, many people are not to Facebook savy, and if proof of service by mail is often insufficient I don't understand how it can be done electornically, especially with all the technical glitches that might occur. Also, many people do not check their Facebook account daily or even weekly.
I believe this was reserved as a "last resort" by someone going out of their way not to be served (some people don't keep a steady address even for mail, but are addicted to facebook) And I think it was still done through a process serving company.

Re: You can now be served by facebook!
« Reply #4 on: November 19, 2014, 08:37:32 AM »
That probably makes sense, but it is still tough to distinguish. Notice by publication is always a remedy available, but I guess as Newspapers die out the internet is the better source to provide adequate notice

barprephero

Re: You can now be served by facebook!
« Reply #5 on: November 19, 2014, 04:25:07 PM »
That probably makes sense, but it is still tough to distinguish. Notice by publication is always a remedy available, but I guess as Newspapers die out the internet is the better source to provide adequate notice
I still support notice by publication, but I'd support making it a rule to require them to at least try (at the same time) to text, email, facebook/etc the person while putting it in the paper (increased odds, not decreased) That would seem reasonable to me to reduce odds of "but I didn't read it" tear jerk stories from people actively trying to avoid service.

Re: You can now be served by facebook!
« Reply #6 on: November 19, 2014, 06:29:00 PM »
Some states like California have special statutes that "basically allow for good enough' i.e. California Code of Civil Procedure 416.90.

Re: You can now be served by facebook!
« Reply #7 on: November 19, 2014, 07:01:34 PM »
I'm far from an expert on California civil procedure, but where do you see the good enough summons for persons generally? I don't see it in the statute. Is it in the caselaw?

Re: You can now be served by facebook!
« Reply #8 on: November 20, 2014, 06:23:25 PM »
I used it once in trial court and cited this case. Warner Bros. Records v. Golden West Music Sales, 36 Cal. App. 3d 1012

It was kind of a stretch, but it worked. In my case this woman abandoned her property, but did put it into a living trust after six months of searching for her, I filed the lawsuit, and served the attorney that assisted her with forming the living trust who also could not find her. The Judge did not want to notice by publication, and said service on that attorney and recording a Lis Pendens was sufficient.