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

Landlord's Return of Security Deposit to Tenant

The complete text of New Jersey’s security deposit law can be found at New Jersey Statutes Annotated 46:8-19 to 26. In New Jersey, generally a landlord must return the security deposit within 30 days after tenant move out or lease termination. The landlords are also responsible to return any accumulated interest or earnings. There are other situations in which the landlord has to return the money faster.  In the case in which a tenant has ended their lease because they are a victim of domestic violence, the landlord has 15 days to return the security deposit. Also, if a tenant has been displaced due to a floor, fire, evacuation or condemnation of property, the landlord is required to return the security deposit within 5 days. A landlord may be able to keep all or a part of a tenant’s security deposit for unpaid rent and for damage to the property in excess of normal wear and tear.  However, the landlord is not allowed to make any deductions from the security deposit unt...

Advance Health Care Directives in New Jersey

It is the unthinkable but ever so possible. What happens when a person suffers from illness or injury that renders incapable of deciding his/hers medical treatment?   This is when an Advance Health Directive will give you the security that you need to know your wishes will be follow through. An Advance Health Directive is a legal document which provides information as to your treatment preferences. There are three kinds of advance directives: 1) Proxy directives: This is when the person gives legal authority to a person he/she trust to make medical decisions on his/her behalf.  This is also known as durable power of attorney for health care. 2)  Instruction directives:   In this situation the person gives written directions that tell his loved ones what kid of treatment he or she wishes to accept or refuse. This is also known as a Living Will. 3)  Combined directive:   the person selects a health care representative and provide him or her with a state...

Abuse and the Internet, a whole new look at Domestic Violence in New Jersey

Abuse and the Internet, a whole new look at Domestic Violence in New Jersey              Each year thousands and thousands of people filed domestic violence complaints in the New Jersey courts.  It is easy to see domestic violence when you have a victim that has physical injuries clearly before you. It is not as easy to see violence when the injuries are emotional and the abuse came in the form of words, emails or texts. More and more abusers are using multimedia to attack their victims. Facebook, MySpace, Twitter as well as multiple chat applications are being used as perfect avenues to torment victims. Abusers can stalk without even leaving their homes, they can post messages on their victim’s message boards, send texts to their friends and family and even contact their employers. Not all of these actions are easily traceable as there are now applications that permanently delete your messages within a short period o...