
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
Author: Robert E. Levy
Date: June 19, 2017

Partner
201-896-7163 rlevy@sh-law.comWhat 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.

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.
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.

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!