Don’t Be Concerned About Being Served Papers Over Facebook

Slashdot, via the NY Post, have articles about a recent case from Staten Island where a judge allowed papers to be served over Facebook. The titles of the stories imply that this is a new day in service of legal papers. It is not.

The judge in this case made an exception to the traditionally accepted modes of service because those all failed. It is not likely, as the Post says, that your, “next Facebook ‘poke’ could be from a process server.” (Unless you are friends with a process server who likes to poke you on Facebook. Then it’s decently likely.)

More importantly, this isn’t new. Every few months there is a story about a judge allowing service over social media when the defendant has taken steps to make service difficult for the plaintiff. In March 2013, a Federal Judge allowed service of a foreign company over e-mail and Facebook. There are instances in the US and around the world dating back further than 2011 of allowing service via e-mail and social media.

This phenomenon is neither new or worrisome. Service by traditional means is preferred, but when that fails either due to the Defendant avoiding service, or being incredibly (and perhaps intentionally) hard to find, US Courts have long allowed service by other means.