In many cases, process servers face the problem of not having a viable physical address to serve papers to parties. Because of this, more judges across the nation are ruling that active social media accounts are now acceptable avenues to serving papers on individuals who cannot otherwise be reached at a home or place of business.
These groundbreaking rulings received the most recent publicity in September 2014. A New York judge ruled that a man could serve his ex-wife via her social media account. Another ruling in Minnesota declared that a party could be served via Facebook so long as the methods used followed the same rules that govern serving a party through public notice in their local newspaper. Bear in mind, though, these rulings are only being made in cases where traditional methods of service have already been attempted or could not be used.
Viability of Social Media Account Poses an Issue
Some problems still remain in the case of serving a party via Facebook or any other social media account. The main question arising is: “How do we know this is not an imposter?” Anyone can create an account under anyone else’s name and this leaves the debate open as to how trustworthy social media service is. In a worst-case scenario however, when every other method has been attempted to serve, it will not be a stretch to find a Florida judge who will rule a social media service justifiable.
For as long as there have been process servers, the methods of serving have largely remained the same. As technology progresses however, the legal system must embrace changes to accommodate the expanding methods available. While the most reliable method of service of process remains face-to-face, other avenues like Facebook are becoming a legally viable option for getting the job done.
