Monday, March 7, 2016

Service of process in the digital age

It's no use hiding.  We'll find you.................

The attorney for a father tried to serve the ex-wife/mother with court papers, alleging she was violating a custody order regarding a 10yo child. The ex-wife apparently no longer resided at her last known address, although the process server found her sister living there. The sister, not surprisingly, declined to cooperate with the father's efforts to track down his ex-wife.

The court allowed the father to supplement his regular attempts at service by (1) serving the sister, and (2) serving the documents to the ex-wife's email address and Facebook account.

Therefore, despite a person's attempts to hide from society and be available only virtual/online, you can still be served with court documents through social media.

The definition of hermit or recluse just got more complicated.


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