A Trio of Trial Court Decisions Grabble with Service of Process via Facebook or by Email

May 12th, 2015

HUNTINGTON BEACH, CALIFORNIA, UNITED STATES, May 8, 2015:

Trial Courts, lawyers and all parties agree that statutory service by publication is an ineffective means of service on an individual who does not want to be located. Recent cases indicate that electronic service via Facebook or email, albeit not specifically permitted by statute, may be permitted if a showing can be made that the electronic service would in fact result in actual notice to defendant.

In Melissa “G” (March 18, 2015 Suffolk Cty, NY), defendants, in a personal injury action predicated upon alleged sexual contact by a teacher, sought “unedited account data for all Facebook accounts maintained only by plaintiff Melissa, including all postings, status reports, emails, photographs and videos posted on her Web page to date.” In support of their application, defendants submitted printed pages from plaintiff’s Facebook account A matrimonial court (Baidoo v. Baidoo, Sup Ct. NY Co March 27,2015) found that a wife may serve her husband with a divorce summons by solely sending it “through Facebook by private message to his account.” and Kolchins v. Evolution Mkts., (2015 NY Slip Op 02863 April 2, 2015) has now made it clear that emails may in the appropriate case constitute documentary evidence under CPLR 3211(a)(1).

“It is my experience that no matter what method of process service needed, nothing trumps experience”, says John A. DeMarr, P.I., a licensed California private investigator since 1985 and president of John A DeMarr Private Investigators. “Our 30 years of experience makes all the difference in the level of service and the innovative approaches we can offer our clients. Our proven expertise results in a valid service where other process servers or private investigation firms often fail.”

John A. DeMarr, a well-known Private Investigator in Huntington Beach, has consistently provided innovative process service and private investigation services over thirty years of experience – always reasonably priced, and always within the bounds of applicable law. Courts have upheld DeMarr’s service techniques, resulting in judgments, subpoena service and post-judgment enforcement results against deadbeat parents; defendants evading service of process; residents of gated communities; corporations and partnerships; and unfaithful spouses.

John A. DeMarr, Private Investigator’s expertise provides important new tools for creditors owed money; for financial institutions and insurance companies; and, perhaps most importantly, to injured plaintiffs across the globe.

To learn more, please visit http://www.demarr.com or call 877-493-3463