Via Eugene Volokh: an Australian court has ruled that parties may serve notices of default (for those lucky enough not to be lawyers, a notice of default basically says "Hi, we sued you, you haven't filed an answer, so now the judge is going to enter judgment against you in pretty much any amount we want") via Facebook.
I have mixed feelings. On the one hand, in my experience 50% of default situations involve defendants who know perfectly well they have been sued but are simply adept at evading service of process for tactical advantage. On the other hand, about another 20% involves plaintiffs serving process in a manner calculated not to reach the actual defendant. There is gamesmanship on both sides. I'd like for it to be easier to accomplish legally sufficient service for that first 50%, but am loath to give that other 20% another tactic.
But how do you establish that Joe Blow on Facebook is actually the Joe Blow you have sued? Subpoena Facebook for their records? Match any pictures they have on their page with pictures you have of them?
Last 5 posts by Ken White
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