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Australian Court Lets Lawyer Serve Papers Via Facebook

a302b writes "A Canberra lawyer has been permitted to serve legal documents via Facebook for a couple who defaulted on a loan. He claims he needed to do this because he was unable to track them down to a physical address. At what point does our online presence become 'real?' And what opportunities are available for fraud, if social networking sites are considered legal representations of ourselves, even when they can be anonymously created under any name?"

2 of 204 comments (clear)

  1. Re:But.... by Whiney+Mac+Fanboy · · Score: 5, Informative

    Also, the fact that there are many people on facebook with the same name, let alone false ones. For many of my friends I was only able to track them down with email addresses,

    Yes, but if you were looking for a couple on facebook & found (as the article states):

    they listed their birth dates, full names, and they had listed each other as friends,

    You'd probably be pretty confident that you'd found the right people hey?

    For the record - I don't think anything other than in person should be a legal way to serve, but email is not superior to Facebook.

    --
    There are shills on slashdot. Apparently, I'm one of them.
  2. Re:Australian Debt Recovery anything goes by digitalchinky · · Score: 5, Informative

    While I understand this is the usual mode of operation for debt collectors (from personal experience), they are actually very strictly bound to various legal codes, including codes of conduct. They violate them often at their own peril. They routinely end up in the courts for this activity, the problem is that for every agency that goes under for harassment, there are 30 more in the queue lining up to take over.

    * a little bit unrelated to your post *

    It's a pretty sleazy industry, if you're at the wrong end of one of their phone calls, simply tell them you will only communicate via the written word, and that you wont hesitate to go to the ACCC (And numerous other watchdogs) if they fail to abide by your directive to do so. Don't be afraid to do this either, you might be in debt, but you still have rights - and most of us do actually like to keep some shred of dignity about us, even in our worst moments.

    Believe me, these bastards wont hesitate to tell everyone all about your financial situation, including your boss, your friends, family, their aim is to cause embarrassment and get a quick settlement - they get a cut of this, so it's in their interest to do it fast.

    If you are in debt and really can't pay at their stupid rates, then you are actually better off going to court and discussing your options with a judge. They are far more understanding, compassionate, and willing to intervene so you can continue to live your life.

    Back on topic, there have been other precedents to inform people of such things via the internet, it is rare, but it happens. I live in Asia now, it's even worse here, if they can't find you the law says they have to publish the details in a paper of general circulation - some of it is amusing to read, but mostly it's just sad.