Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Court Greenlights Service of Process Via Facebook

Author: Robert E. Levy

Date: June 19, 2017

Key Contacts

Back

As Social Media Gains Acceptance As High-Tech Alternative, an NJ Court Recently Approved Service of Process via Facebook

What do you check first — your online messages or your traditional mailbox? Given the proliferation of social media platforms, a New Jersey court recently approved service of process via Facebook.

NJ Court Green Lights Service of Process Via Facebook
Photo courtesy of Stocksnap.io

Technology and Service of Process

Under the Federal Rules of Procedure, defendants must generally be personally served with a summons and complaint. When traditional forms of service fail, other alternatives are available, such as sending documents via certified mail and newspaper publication. Social media is slowly gaining acceptance as a more high-tech alternative.

In 2015, a New York judge allowed service of process via Facebook in a divorce case. When other methods failed, the court held that service of a divorce summons via a personal message sent through Facebook constituted an appropriate form of alternative service. 

“It would appear that the next frontier in the developing law of the service of process over the Internet is the use of social media sites as forums through which a summons can be delivered,” Judge Matthew Cooper wrote in Baidoo v Blood-Dzraku. To ensure that the defendant would receive notice of the proceedings, Judge Cooper required the plaintiff to provide evidence confirming that the Facebook account belonged to the defendant and that he logged in regularly.

NJ Judge Sanctions Social Media Service

The New Jersey Supreme Court’s Committee on Opinions recently approved a similar New Jersey decision for publication. In the opinion, dated April 11, 2016, Judge Stephan Hansbury held that “service via Facebook is reasonably calculated to apprise the account holder of the pendency of the action and afford him or her an opportunity to defend against plaintiffs’ claims.” 

In the suit, the parents of an adopted child, identified as Z.A., sought to enjoin the defendant from holding himself out as the biological father of their son and to compel the defendant to remove information pertaining to Z.A. that he has allegedly published online. According to court documents, the defendant was a “complete stranger” to the plaintiffs and only became known to them after he started posted pictures of their son on his Facebook page.

After service of process via mail and certified mail failed, their attorney asked to use social media. The court agreed. “The account holder’s recent activity indicates that the account is active and that receipt of the documents is probable,” Judge Hansbury wrote. “Here, the court is satisfied that the only methods of service available to plaintiffs is Facebook.” The judge also noted that Facebook includes a feature that allows the sender of a message to see whether the recipient has opened it, thus indicating that the recipient is on notice of the message’s contents.

While domestic proceedings account for many of the cases involving service of process via social media, the high-tech method can also be useful for New Jersey business litigation. For instance, Facebook and other platforms could be used to serve homeowners in foreclosure actions, debtors, or business partners/customers located overseas.

Do you have any questions regarding service of process via Facebook? Would you like to discuss the matter further? If so, please contact me, Robert Levy, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now post image

A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]

Author: Sean M. Pena

Link to post with title - "A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now"
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses post image

Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]

Author: John D. Giampolo

Link to post with title - "Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses"
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: Sean M. Pena

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!