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

Post a Comment

Popular posts from this blog

When do I need to Probate A Will in New Jersey?

PROBATE AND WILLS IN NEW JERSEY As Estate Planning Attorneys in New Jersey we often get asks whether probate is necessary if the decedent has a Will.  To better answer this question we need to know what is probate.  Probate is the process which permits an executor to transfer assets as directed by a decedent in their Last Will & Testament to the beneficiaries in accordance to the decedent's Will.  In order to make a determination of which decedent's assets must go through probate, we need to determine the tittle in which the asset is held. Assets held in the name of the decedent alone such as real estate, personal property and monies owed to the testator will generate be transferred through probate.  There is however a caveat in this situation as to some financial firms provide beneficiary designation forms which may transfer these accounts without probate. Assets held by the testator and another person jointly, with a right of survivorship, are said to be ...
Post a Comment
Read more

Establishing Consumer Fraud Claims in New Jersey

The New Jersey Consumer Fraud Act purpose was to combat sharp practices and dealings that victimized consumers by luring them into purchases through fraudulent or deceptive means. It was expanded to allow a private right of action for consumers that are victims of violations of the CFA. The private right of action included provisions that allowed for entitlement to treble damages, reasonable attorney’s fees, and reasonable costs of suit. In a cause of action asserting a violation of the NJ Consumer Fraud Act a plaintiff must prove:     1) unlawful conduct by defendant;     2) an ascertainable loss by plaintiff;     3) a causal relationship between the unlawful conduct and the ascertainable loss.       D’Agostino v. Maldonado , 216 N.J. 168, 183-184 (2013) (quoting Bosland v. Warnock Dodge  Inc ., 197 N.J. 543, 557 (2009)). If the plaintiff is successful in establishing his/her cause of action, the plaintiff is entitled to treb...
Post a Comment
Read more

Bankruptcy Filing Fees Rate Increase

Rate Increase for Filing Fees The Judicial Conference of the United States Courts approved the following amendments to the Bankruptcy Court Miscellaneous Fee Schedule.  For those who want to file bankruptcy before the fees changes please be aware of the new fee structure effective June 1, 2014     As a result of those changes the following fees will increase: • Chapter 7 Petition - $335           • Chapter 9 Petition - $1,717        • Chapter 11 Petition - $1,717  • Chapter 12 Petition - $275         • Chapter 13 Petition - $310         • Chapter 15 Petition - $1,717   • Motion to Split Chapter 7 Case - $335            • Motion to Split Chapter 11 Case - $1,717 • Motion to Split Chapter 12 Case - $275          • Motion to Split ...
Post a Comment
Read more