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

May 12th, 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).

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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.

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