Slog
News & ArtsTuesday, December 16, 2008
Tech Poke: You're Served
Posted by Brendan Kiley on Tue, Dec 16, 2008 at 6:10 PM
Facebook—the latest trick in court notification.
Facebook grew to more than 100 million users by providing a way for friends and family to keep in touch with one another. But few, if any, probably expected that their Facebook accounts offer lawyers a handy new way to tell them that they've been sued.It's already happened in Australia, where a court recently allowed a lawyer for a mortgage lender to use Facebook as a method of serving legal documents. The purpose of the suit: to let a couple know that they're about to lose their home through foreclosure after defaulting on a loan.
United States judges also have the leeway to authorize serving legal documents through Facebook, legal experts said on Tuesday. (Look for the IRS and state tax collectors to follow suit.)
[Fast-forward three months into the future, once Burn After Reading is on DVD and YouTube. Insert that great scene in the cocktail club when John Malkovich gets served here.]
1
I pretty much ignore all that kind of shit anyway: the drink offers, the vampire bites, all that crap. I'm sure anybody who gets served via Facebook will simply do the same, then claim they didn't pay any attention to it because they thought it was just another annoying ploy to get them to give up their profile info.
Then, it'll be up to the lawyers to sort it out...
Then, it'll be up to the lawyers to sort it out...
3
I can't imagine how the courts can accept Facebook as a legally valid way to serve notice. I ignore 90% of the shit that Facebook throws at me. Most of it is glorified spam. I'm supposed to be able to weed legal services out of it? There's no way to verify if anybody legitimately receives anything on Facebook. This is silly.
4
It's always up to the lawyers to sort it out in the end, but if they have a polaroid of a process server handing you the documents, your denial that you read it is worth shit and their claim that you were served is worth bucks. It won't be too hard to come up with an electronic equivalent of that polaroid. Facebook coders may already be on that.
5
and how is that different than claiming that you didn't receive something in the (postal) mail anyway?
6
I have to agree with RP on this.
Only a moron actually READS half the stuff on facebook.
Other than Friend Status - and who would be dumb enough to Friend a Lawyer?
Only a moron actually READS half the stuff on facebook.
Other than Friend Status - and who would be dumb enough to Friend a Lawyer?
7
So I have to still use dead trees to fax or mail in papers to buy a house or get a loan, because email isn't legal or binding; but if I used Facebook, the same bank could send me a foreclosure notice?
8
Speaking of housing, more evidence that Seattle is an overpriced hellhole, which is why people are leaving in droves:
http://www.redfin.com/CA/San-Bernardino/…
San Bernardino, CA 92404
Price: $89,000
BEDS: 4
BATHS: 1
SQ. FT.: 1,210
$/SQ. FT.: $74
LOT SIZE: 7,380 Sq. Ft.
PROPERTY TYPE: Attached, Single Family Residence
YEAR BUILT: 1950
STORIES: 1
VIEW: Mountain
http://www.redfin.com/CA/San-Bernardino/…
San Bernardino, CA 92404
Price: $89,000
BEDS: 4
BATHS: 1
SQ. FT.: 1,210
$/SQ. FT.: $74
LOT SIZE: 7,380 Sq. Ft.
PROPERTY TYPE: Attached, Single Family Residence
YEAR BUILT: 1950
STORIES: 1
VIEW: Mountain
9
seems about as valid as putting the notice on a bumper sticker and driving in front of me during rush hour traffic, yelling it at me from across the discotheque floor on a friday night, or having a psychic sending it to me through esp.
11
@8, no seattle is an overpriced paradise. You are buying an affordable hellhole. (I lived outside San Bernadoo for 4 years).
12
Looks like Facebook is only a problem if you are trying to avoid being contacted. Hmm, I believe there was a solution available to their problem at one point.
13
Seriously, @8 anybody idiotic enough to buy a house in San Berdoo will get everything they deserve.
I mean, why do you THINK they're practically giving away homes down there?
I mean, why do you THINK they're practically giving away homes down there?
14
Context, fellas.
Usually this type of special service is as per approval of the judge on a case by case basis when the plaintiff (remember, the one who has to sue you before the time period runs out?) can show typical means of personal service aren't working -- like where you the nasty slimey defendant are evading service, hiding, etc. etc.
There's lots and lots of service rules and often they incorporate multiple means of service including a physical delivery plus a mailing.....I see no reason why an a meilaing wouldn't be added to the arsenal .....or in some cases facebook.
If you show good cause to need it and that it is reasonably calculated to give notice.
I mean comeon they have service in the newspapers that no one reads, too, and folks aren't up in arms about that.
I'd look to e mail itself as a more secure means if the person wanting to use it for service can show a steady stream of correspondence over a long period of time.
When you think about it, that's more likely to get there, and be read, and to have a record, then today's service by mail where that's allowed or even physical delivery which is subject ot lies told by process servers.
Sadly no matter what the rules are someone will abuse them.
Usually this type of special service is as per approval of the judge on a case by case basis when the plaintiff (remember, the one who has to sue you before the time period runs out?) can show typical means of personal service aren't working -- like where you the nasty slimey defendant are evading service, hiding, etc. etc.
There's lots and lots of service rules and often they incorporate multiple means of service including a physical delivery plus a mailing.....I see no reason why an a meilaing wouldn't be added to the arsenal .....or in some cases facebook.
If you show good cause to need it and that it is reasonably calculated to give notice.
I mean comeon they have service in the newspapers that no one reads, too, and folks aren't up in arms about that.
I'd look to e mail itself as a more secure means if the person wanting to use it for service can show a steady stream of correspondence over a long period of time.
When you think about it, that's more likely to get there, and be read, and to have a record, then today's service by mail where that's allowed or even physical delivery which is subject ot lies told by process servers.
Sadly no matter what the rules are someone will abuse them.
15
I'm not buying that any court in Australia endorsed Facebook service, either. Pictures (or verifiable identifying details), or it didn't happen.
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