Service of Process by Facebook Gets Official Stamp

, New Jersey Law Journal


Service of process by social media just got a serious vote of confidence.

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What's being said

  • Gerald Colasurdo

    Where is the Due Diligence in order to locate a valid address for proper Service of Process? The article states: Plaintiffs‘ attorney, James Miskowski, certifies that he mailed cease and desist notices to defendant’s two last known addresses, both of which are in Pennsylvania, by certified and regular mail. Miskowski reports that the certified mailings were returned as unclaimed, but the regular mail, which was posted on November 4, 2015, had not been returned as of November 30, 2015. Plaintiffs have submitted partial copies of the certified mail envelopes. One envelope bears the words, “RETURN TO SENDER/ATTEMPTED – NOT KNOWN/UNABLE TO FORWARD,” and the other reads, “RETURN TO SENDER/NOT DELIVERABLE AS ADDRESSED/UNABLE TO FORWARD.” In light of their difficulty in reaching defendant by mail, plaintiffs now seek leave to effectuate substituted service of process via Facebook. Since when do we circumvent the proper use of Personal Jurisdiction. This method of service does not show "Good Faith Attempt to Effectuate Personal Service". The Attorney showed no Due Diligent Efforts or Investigations in order to support any good faith effort. All reasonable efforts must be made prior to using secondary service methods or prior to utilizing Social Media in order to effectuate proper jurisdiction.

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