31 May 2019 / Process serving Hawaii

Can Social Media Serve As Alternative Service?

          Can we use Facebook for the process service? That is one of the hottest questions in recent years. Sometimes when people are making case, the defendants are fleeing without providing new address. After all, not all people are happy to know that they are being served. This situation will make the personal service and mail service difficult to finish.

The courts have started allowing suh service by email in this kind of situation. but if someone does not want to be found, they may have changed their email address as well. But one thing that we could overlook is the fact that some people can’t just leave their social media even a day. And this could add more option for attempting the contact.

When it comes to attempting to serve someone who is overseas, the thing won’t be simpler as we usually do within the country. There will be a lot of parties involved in the process. If the country is the registrant of the Hague convention, then the rest of the things need to be considered are the special forms, translated papers, foreign consultations, fee of services, authority, and more. So, you cant expect that it will finish overnight.  

THese hardships might indulge most parties to consider social media as a great replacement to handle the process service. There are no geographic limitations of social media.

But it might not as simple as it sounds. In requesting this alternative, the court should see the sensible reasons given by the plaintiffs party. Usually, the alternative like this is used when the defendant’s whereabouts are not clear. Before the court gives the permi, the plaintiff party must submit the “affidavit of diligent search”. Based on the type of the document, it will show the proofs that the plaintiff party has been maximizing their efforts to locate the defendant. The confirmed efforts that fall to the category are sending letters, stamped envelopes, certified mail, proofs to search to the family members, friends, and past worksites, and so on. The more evidences that the plaintiff can gather, the more convincing the affidavit of diligent search would be.

  There have been many cases where the service via Facebook were approved. The judges, however, could be hard to see the value of the method if ones have lack of evidences. Normally, the notice to tenant terminating tenancy Hawaii service via social media will only be approved if the other options are not effective enough in term of time and resources. The judges will always have their best eyes on the better alternatives.