
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.

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
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!