Facebook Can Be Used To Serve Legal Documents, Court Rules

Facebook Can Be Used To Serve Legal Documents, Court Rules

news.yahoo.com

CANBERRA, Australia – You've been "superpoked" — and served. A court in Australia has approved the use of Facebook, a popular social networking Web site, to notify a couple that they lost their home after defaulting on a loan.

The Australian Capital Territory Supreme Court last Friday approved lawyer Mark McCormack's application to use Facebook to serve the legally binding documents after several failed attempts to contact the couple at the house and by e-mail.

Australian courts have given permission in the past for people to be served via e-mail and text messages when it was not possible to serve them in person.

McCormack, a lawyer for the lender the couple borrowed from, said that by the time he got the documents approved by the court late Tuesday for transmission, Facebook profiles for the couple had disappeared from public view.

The page was apparently either closed or secured for privacy, following publicity about the court order.

"It's somewhat novel, however we do see it as a valid method of bringing the matter to the attention of the defendant," McCormack said.

(visit the link for the full news article)

Wow... this is unreal. This is the start of things to come folks. I am very concerned what this world will look like in the next few years. What do you guys think about this? The government can serve people legal documents on Facebook??? By the way, my artilce headline is the exact headline that was on yahoo's main page, though the acutal articles headline is different... Comments???

news.yahoo.com
(visit the link for the full news article)

Well I don't used any of those children sites for anything, my two children (young adults do) and I know many other people of different ages that love Face book.

I guess until they start using ATS (the only site I post actively in the web) to serve legal documents to its members I will stop posting.

They were talking about this on talk back radio today saying that they had no luck in serving them with the papers so it was a last effort to serve them via facebook... I don't think this will become a every day thing...

Don't you have to have someone as a "friend" to receive any sort of a message from them? Or does the government have some sort of immunity to that rule?

What is the difference between using Facebook to serve people or using the Mail system? More than anything, this just shows how the changing face of technology is being used to locate people. I read this article and thought." what took them so long"?

any one else get the distinct impression that the couple are ` playing silly bugers ? `

they evade all attempts to serve papers on them at a postal addres / residence

then do the same when electronic documents are attempted to be served on them

now when the lenders legal brief has the novel idea of serving them via face book - and ges legal consent to do it

lo and behold - they block access to thier profiles

that is simply taking the piss - to put it bluntly

Originally posted by Karlhungis
Don't you have to have someone as a "friend" to receive any sort of a message from them? Or does the government have some sort of immunity to that rule?

You have to add someone as a friend to post on their "wall". But you can PM anyone. So I guess they get served through PMs.

Can it still apply if you've actually logged on though? I know the provider can check that you have logged on and can follow your history , but if they serve papers for whatever reason and you don't log on , does the validity still apply?

Besides its no wonder I haven't got a facebook account, what with this and the fact that the Governments don't need a database to gather your info when you sheeple will gladly put it all up for them to see just coz 'its the thing to do , coz everyone else is doing it' BAAAAAA!!!!

Pretty sure facebook can't be too happy about this. It is a pretty good reason not to use their service : /

this is ridiculous

consider that many people don't visit their facebook accounts on a regular basis

unbelievable

reply to post by Resinveins


why is this a reason to boycot facebook ? - do you tjink it should be a safe haven where you can evade your legal responsibilities ???

reply to post by warrenb


and yet the couple hae both just blocked thier facebook proffiles as soon as the lawyer had permission to use this tactic

so they are logging on - and they are following the legal argument - but are attempting to evade it

I thought that to 'be served' with court papers, they have to actually be presented in person and 'make contact' with the person stated in the order?

edit to add: This is based on UK law and the case being in Oz would mean different rules apply, but I can't see the use of Facebook or other electronic means to be accepted as having being served

[edit on 16-12-2008 by citizen smith]

You get a legal document posed to you via a private message on a social networking site... Seriously, who would give it a second look and not dismiss it for some scam.

The same with email...

I wouldn't even have ready it.

Granted this couple knows they should be getting one and are advoiding it.

[edit on 16-12-2008 by StevenDye]

I am not talking about this specific case. But what will stop someone from creating virtual ,say, me. And serving this virtual person those papers. With zero knowledge from real me?
It opens way for lot of misuse and bigger mess. Virtual identity is not equal or even substitute for real person.

reply to post by ZeroKnowledge


Here in the states I don't think that would fly, I have seen suits thrown out for the way someone was served incorrectly here. In most cases now civilian servers are passed up and former law enforcement retirees and Sheriffs departments handle the serving of writs. It must be face to face. The papers must be presented to you and handed to you. Once they actualy touch you with the papers, even if you let them drop to the ground, you are considered served.

Zindo

reply to post by ignorant_ape


LOL no.. I don't however think it should be a means to serve court papers. What if I don't log in for 6 months? Or better yet, what if someone else logs into my account? Certainly hacked accounts on facebook or myspace etc. are not uncommon at all.

And if you want to talk about legal responsibilities... how about the legal responsibility to correctly serve the papers in a way that you can be assured the person actually got them?

They have to prove you received it to be served. If a cop comes to your house and you climb onto your roof or drive away, they can't serve you.

If they send you it in the mail it has to be registered so they can prove you signed for it.

In email it would have to be read-receipt so they have proof you read it.

On facebook there is no way to tell you read it. Facebook also sends you an email to notify you of new messages, so you could just read it in your inbox and leave it unread on Facebook forever. Or just don't open Facebook messages from "The Department of Justic"