Skip to main content

Service of Process in New Jersey: Court Allowed Service of Process by Facebook.

In the recent case of  K.I.A.  v. J.L. Docket No. C-157-15 (Ch. Div., April 11, 2016), the court held that when service of process cannot be done by traditional means the rules of civil procedure allow an alternate form of service, like Facebook.  Rule 4:4-4(b)(3) permits a court to enter an order permitting service by means other than those provided by rule “consistent with due process.”
This is the case of an adoptive parents filed a cause of action against the defendant to enjoin him from contacting their adoptive son, remove information about their son from social media and to contact their family. Defendant an out of State individual contacted plaintiffs’ child through Facebook, disclosed that he was the biological father and contacted the family. In their attempt to serve the summons and complaint to the defendant, plaintiffs’ made reasonable, good-faith attempt to effectuate personal service but were unsuccessful.  The plaintiffs made a request for the court to order substituted service of process via Facebook which was granted.
The court analyzed three factors to establish that service by Facebook is proper:
1)      Can the defendant be served by conventional means, those specifically permitted by court rule?
2)      Is the relief sought appropriate for service by publication?
3)      Will service by Facebook still protect defendant's due process rights? He has demonstrated his own Facebook
In issuing their decision, the court was satisfied that after diligent efforts, personal service could not be accomplished. Service by publication would not be efficient given the nature of the relief sought, an injunction to stop the defendant from contacting plaintiffs’ son. The court was further satisfied that the Facebook account of defendant was his as it was that account that defendant employed to contact plaintiffs' son and his due process were satisfied. Finally, defendant acknowledged receipt of the summons and complaint and therefore service was successful.

For more information about Service of Process matters in New Jersey please contact our office at (201) 880-5563, for an appointment with one of our attorneys.

Disclaimer: The contents of this website are of general nature and not intended to be a substitute for legal advice or the formation of a lawyer-client relationship. In order to be properly represented, please contact your local professional. In addition, the information given on this website has been composed by a New Jersey attorney practicing exclusively in New Jersey. None of the information contained herein should be deemed to apply in other states, nor should this website be construed as an attempt by the author to practice law in any state other than New Jersey.

Comments

Popular posts from this blog

Establishing a Domestic Partnership for Estate Planning Purposes

Establishing a Domestic Partnership for Estate Planning Purposes For unmarried couples, it is important to have proper estate planning documents to have legal standing to each other. The Domestic Partnership Act established domestic partnerships for same sex and opposite sex (age 62 and older) nonrelated partners.  Couples 62 years an older that want to establish a Domestic partnership need to establish the following criteria: ·Share a common residence in New Jersey or in any other jurisdiction provided that at least one of the applicants is a member of a New Jersey State-administered retirement system;·Both persons are jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property;·Both persons agree to be jointly responsible for each other’s basic living expenses during the domestic partnership;· Neither applicant is in a marriage or civil union recognized by New Jersey law or a member of another domest…

What is a Debt Buyer?

The basic business plan of the debt buying industry is to buy debt at pennies for the dollar. They usually by a list of consumer account without original documents to support these claims and without any documentation of how the “amount owing” was calculated.   The problem with this practice is that the debt buyer, has no incentive to obtain the proof required in a court of law because its investment is minimal. Typically a debt buyer sues consumers without any documentary proof that this particular consumer was indebted to the original creditor. . In every credit card account, the original creditor will possess: -           the debtor’s signed application/request for a credit card, 15 U.S.C. 1642 -           required monthly account statements, 15 U.S.C. 1637(b)  -           the credit card contract, amendments to the contract and -           charge slips or other evidence of each purchase and cash advance.          We always recommend our clients to defend these type of lawsuits so they …

Invalidating a Contract under the Doctrine of Economic Duress

The doctrine of economic duress has significantly developed and expanded, in recognition of the ever-increasing complexity of the business world. Claims of economic duress in business litigation are becoming more frequent. Several courts, including the United States Supreme Court, have acknowledged that there are situations under which financial pressure may cancel an otherwise enforceable contract. See 13 S. Williston, Contracts, § 1603 at 664 (3d ed. 1970); United States v. Bethlehem Steel Corp., 315 U.S. 289, 62 S.Ct. 581, 86 L.Ed. 855 (1942); Hartsville Oil Mill v. United States, 271 U.S. 43, 46 S.Ct. 389, 70 L.Ed. 822 (1926).The definition of economic duress is set forth in Williston:1. The party alleging economic duress must show that he has been the victim of a wrongful or unlawful act or threat, and2. Such act or threat must be one which deprives the victim of his unfettered will. [13 Williston, supra, § 1617 at 704 (footnotes omitted)]

The courts in New Jersey have defined eco…