Will Service of Process in New York City via Facebook become the norm?

Service of process in New York City divorce actions are more stringent than in many other case.  In divorce proceedings, the plaintiff must make sure the defendant is notified of the divorce action. So, a divorce defendant must be “served” with the summons, which means the divorce paperwork needs to be handed directly to the defendant. This method of service is called “personal service.”

The person serving the papers on the defendant cannot be one of the parties to the case, which means one spouse cannot serve the other. The server can be a friend, relative, or a process server hired by the plaintiff, and must be at least 18 years old.

The plaintiff can “serve” the defendant in any of the following ways:

• Personal Delivery: the defendant is handed the court papers.
• Substituted Service: personal service on someone who lives/works with defendant and is mature enough to give him/her the papers and first-class mailing to defendant’s last known address/place of business (envelope must say “personal and confidential” and not mention the lawsuit.)
• Service by Publication: If the defendant can’t be found, the court will allow an official notification of the divorce proceeding to be published in a newspaper.
• Alternate service: Any other method of service the court decides is appropriate.

Recently New York Courts have allowed Alternative Service via Facebook in situations where all other avenues have been exhausted.  Although many people believe that service via social media will become the norm, it doesn't seem to be according to the circumstances on why the judge allowed service via facebook.  In Ellanora Arthur Baidoo v. Victor Sena Blood-Dzraku, 48 Misc.3d 309, 2015 N.Y. Misc. LEXIS 977 (N.Y. Sup. Ct. Mar. 27, 2015), the judge in Brooklyn ordered that the divorce papers must be sent to the husband over Facebook "once a week for three consecutive weeks or until acknowledged." In the matter, the husband kept in touch with his wife by phone and through Facebook, but that he had no fixed address and refused to make himself available to be served. After all other conventional methods of service failed, he vacated his last known address in 2011, he had no job, the post office had no forwarding address for him, there was no billing address linked to his prepaid cell phone, and the DMV had no record of him -- the judge allowed service through Facebook.  It seems that the plaintiff has to use every avenue available to serve a party.  Also there is another factor that the party to be served may be attempting to evade process as well.

From this we can see that service of process using social media will not become the norm.  It might be used in special circumstances that will have to be outlined specifically before being used.  If you are in need of service of legal papers in New York City call DJ&H Process Service.  We can help with all your needs.

http://djhprocessservice.net/will-service-of-process-in-new-york-city-via-facebook-become-the-norm/