Server's Corner

What to Know About Social Media and Process Serving

Social media has been a hot topic for the past few years and one that's been on the forefront of many legal battles. Social media can be used to not only connect with old friends but aid in finding criminals, people who owe money or are wanted by the law. It can be an incredible tool for business. But social media also has its downsides, when it's used wrongfully, it can lead to lawsuits as well as other legal problems.

Process Serving is a legal term where at least one party must be served and thereby made aware of a lawsuit. For example, if a party is filing for divorce, they might serve their spouse with divorce papers to let them know about the legal action that is being taken. While serving these papers to someone might seem like an easy task, it can be tricky in the social media world where some people hide behind fake profiles or accounts that have different names than their real name.

If you are served with papers, investigate them thoroughly. Proceed with caution when someone claims that they are a friend of yours on social media sites, who offers to help or offers to be of service to you related to a legal matter. This may all be a scam by criminals wanting to steal your money and identity information. Through social media, people have become much more sophisticated in the ways that they can use it to their advantage, whether it be for revenge or theft.

If you are the one who is filing a legal action, it's important to discuss with your attorney the best way to proceed with serving the defendant(s). While mail, fax, and email are still viable methods of "service" in many cases, there are those where people have fake email addresses or simply do not check their email regularly. In these instances, you may want to consider serving a defendant via social media such as Facebook and LinkedIn.

The service itself should be followed up with a personal and direct conversation. While the defendant may have their own social media accounts, they are not required to respond to your message immediately. It's important to know that their response can be used in court as evidence, and an incomplete, incorrect or false response can hurt your case. Remember, that if there is no response from a defendant it does not mean they admit guilt or liability for whatever it is you are suing them for. Your job is to start an online conversation with the person you are suing and see how they respond.

If you are in need of a process server, don’t hesitate to reach out to Roland Investigations. All our process servers are kept up to date on local and national laws and are experienced in serving papers in the most professional and efficient ways possible.

By Roland Investigations 8-13-2021