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Australian Court Provides Notice of Default Judgment Via Facebook:

From The Sydney Morning Herald:

Master Harper of the [Australian Capital Territory] Supreme Court ordered that a default judgement could be served on defendants by notification on Facebook [via the defendants' Facebook accounts].

A default judgement is given by the court where the defendant does not appear in court to defend the case....

Usually [notification about the default judgment to the losing party] is done by way of personal service or the mailing of the judgement to the defendant's home. However, service can be difficult where the defendant is not easily located.

Courts do allow service by way of email and in the recent Sonny Bill Williams and NRL matter, the court made an order for "substituted service" by allowing certain court documents to be served on Sonny Bill by text message to his mobile phone....

Thanks to BNA's Internet Law for the pointer.

UPDATE: Some laugh-out-loud items in the comments to this post; check them out.

gasman (mail):
While it is now widely known that 15 year old Josh is actually Lori Drew, what about the other pseudonyms.
I don't have a particularly common name, so there are only two other face book people with the same real first and last name, one of them the same age as me.

Is being able to show that you were not served (but your doppleganger was) a sufficient defense to erase a default judgement. What if the time for appeal has expired? Is faulty service still on your head?
12.15.2008 1:01pm
FantasiaWHT:
I think the important thing is that it's more likely to actually accomplish its goal than service by publication... but I would only think it appropriate after reasonable diligence at achieving personal or the normal kind of substituted service (adult/family member at residence sort of thing).
12.15.2008 1:17pm
Awesome-O:
Allow Access?

Allowing ProcessServePimp access will let it pull your profile information, photos, your friends' info, and other content that it requires to work, and will result in delivery of complaints that may result in a default judgments against you if you do not post a timely answer on the plaintiff's Wall.
12.15.2008 1:25pm
qwerty (mail):
why not email the defendant at his yahoo account? i think all this may be ok as a backup, but certainly not as the sole means of service.
12.15.2008 1:36pm
FantasiaWHT:

Is being able to show that you were not served (but your doppleganger was) a sufficient defense to erase a default judgement. What if the time for appeal has expired? Is faulty service still on your head?


Looking at it from a FRCP 60(b) relief-from-judgment standpoint, I think the judgment would be void against you, or based on mistake, or applying it prospectively would no longer be equitable.
12.15.2008 1:46pm
Ex-Fed (mail) (www):
Next up: text messages.

o hai u r defaulted lol kthxbye
12.15.2008 2:21pm
Awesome-O:
o hai u r defaulted lol kthxbye

Ceiling Cat haz mekanix lien on ur properteez
12.15.2008 2:36pm
Brian Mac:
Do not want!
12.15.2008 2:39pm
FantasiaWHT:
In ur base, serving ur d00dz
12.15.2008 3:11pm
Melancton Smith:
Threadwinners all!
12.15.2008 3:15pm
Awesome-O:
Judge: Counselor, why didn't you file an answer, or at least move to extend time? You were served via Facebook in plenty of time before the deadline.

Attorney: I was suspicious of opening a link to a case with the caption Goatse v. Tubgirl.

Judge: What's wrong with it? Mr. Goatse appears to have a valid claim against for negligence on the part of this female plumber.

Attorney: I'd like to direct the Court's attention to a photograph that I have marked as Defense 1...
12.15.2008 3:24pm
FantasiaWHT:
aaaaaaaaaand back to therapy I go. Maybe I'll try hypnotism this time to get that image out of my head.
12.15.2008 4:03pm
AnneJ:
I take it most people read their e-mail regularly, but does everyone check there facebook page?
12.15.2008 4:28pm
gwinje:
This is why I'm not on facebook. I need the pure comedy of running out of my shoes while fleeing the process server.
12.15.2008 5:14pm
Ben P:

Ceiling Cat haz mekanix lien on ur properteez


bar exam lolcats
12.15.2008 5:28pm

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