Should service of process through social media channels be permitted? Well, lawmakers throughout several states are currently considering various methods to effectively (and legally) render service of process through social media networks.
We previously published an article discussing the steady increase in recent court orders and proposed state legislation favoring the use of service of process through Facebook.
For instance, currently, under Utah’s alternative process serving rules, a party to a legal proceeding can submit
a request to the court to alternatively serve the other party through a social network if he or she has diligently attempted to render personal service.
As more lawmakers consider this additional service method, more legal professionals speak out in support and opposition.
For instance, there have been several concerns raised in the legal community regarding whether the practice is valid within the bounds of due process. In particular, how will parties verify that the party being served has in fact received the proper notice summoning him or her to court?
Opponents believe that there is no way to properly validate service of process via social media. These are reasonable and valid questions raised by legal professionals.
Legal professionals in support of service of process through social media channels believe that it is a great alternative to serving someone who is evading service, or resides in a foreign jurisdiction. Such professionals believe that with the proper implementation of safeguards, most injustices regarding due process can be eliminated. Tech savvy lawmakers are currently drafting and designing safeguards that will work within the bounds of due process. Some legal professionals are predicting that service of process through social media channels will be a routine practice of the near future.
What do you think? Should state laws permit for service of process to occur through social media networks?
Direct Legal Support, Inc. has served thousands of individuals throughout California and across the nation for the past 50 years. As technology has advanced, so have our process serving techniques. Contact us for more information about how we can serve a party with legal documents regarding your current legal matter.