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Australian Court Lets Lawyer Serve Papers Via Facebook

Posted by kdawson on from the super-poked dept.

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?"

10 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.

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  2. Re:But.... by spazdor · · Score: 5, Insightful

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

    Well, I'd be confident that I'd found someone claiming to be the right people.

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  3. Re:But.... by hairyfeet · · Score: 5, Insightful

    I wouldn't be so sure. Here in little nowhere AR I had to argue with a bank and several other businesses that I wasn't some other guy. Finally I tracked him down and we went together to straighten it out since he TOO had been getting stuff that was for ME. When we sat down together it turned out we had the same first and last names, our fathers and mothers had the same first and last names and the same middle initials. And to top it off his sister had the same name as mine(which my mom made up) so he called his mom and it turned out she was having his sister in the same hospital at the same time my mom was having mine, and when she overheard my mom talking with the nurses about the made up name she thought it was cute and named her girl the same!

    So while I am sure that this lawyer probably has the right people, never underestimate the power of coincidence. After all if two people whose families have never met face to face could have so much in common in a little place like AR, imagine how many similar couples or families there could be on something as large as FB?

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  4. Re:But.... by z-j-y · · Score: 5, Funny

    some time traveler screwed it up.

  5. Re:But.... by QuantumRiff · · Score: 5, Interesting

    There was trouble tracing a problem with a person in our DB at a college I used to work in. They were listed in the system twice. Same Name, birthday, address, marital status, and age. In fact, the only difference was the social security number and gender. One had taken a few classes, one was full time. We spent forever tracking down the problem, assuming someone created a typo when they created the student record, then thought to call the phone number listed as their phone number (yep, same number) and they both came in. Husband and Wife were both named "Leslie" (Not common for a man, but not unheard of) both were born on the same day, in different states, and had been married for 25 years with children also attending the college. That day taught me a reminder I still keep around about jumping to conclusions. Sure, your 99.999% sure, but that leaves 1 out of 100,000, and someone has to be that one...

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  6. text of summons by Anonymous Coward · · Score: 5, Funny

    U R SERVED!! U lamers 2 appear B4 judge Dec 19 700 hrs re home loan U "forgot" 2 repay.

    G'day.

  7. Australian Debt Recovery anything goes by tg123 · · Score: 5, Interesting

    I'm surprised they even have lawyers in that colony of misfits.

    Your not too far wrong sadly enough.

    This story is really about australian debt recovery. In australia short of actual physical violence you use any tactic you like to recover debt.

    You can even make threaten violence and scare the sh*t out of someone to get your money and the court will let you get away with it.

    this is a link to a few who got fined. NOTE: ONLY FINED

    http://www.fairtrading.qld.gov.au/OFT/OFTWeb.nsf/Web+Pages/3C3C486D9B068FDF4A256FDC007E3CB5?OpenDocument&L1=News

    1. 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.

  8. No worries. by sootman · · Score: 5, Funny

    They can just pay back the loan with WoW gold.

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  9. Re:But.... by mr_matticus · · Score: 5, Insightful

    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.

    Why?

    Personal service is preferred, and process servers go to extreme and often comical lengths to put the paper in your hand, but some people refuse to accept service. Should you have to continue a manhunt for a year, at a cost of tens of thousands of dollars, in order to exercise your legal rights? How would you feel if someone potentially owed you thousands or millions of dollars and you couldn't get it because they wouldn't open the door?

    Like all forms of service other than personal service, it's a last resort after a documented showing of diligence. At some point, you're intentionally avoiding being served, because letters and messages have been left for you, and if that's the case, the notice function of service has been fulfilled. Like everything else in law, it's a balancing of competing needs. You also always have the opportunity to fight a default judgment if you can legitimately demonstrate that the dozens of attempted services were missed because you were actually, truly not available.

    As you can imagine, the chances of you disappearing from society and leaving no trace of how to contact you with employers, neighbors, family, and friends is fairly small...unless you're running from something.