New York Court rules Facebook may be used for service

Social media is establishing itself as an effective and reliable means of communication in this country. Even on legal matters.

A New York Family Court Magistrate has ruled that a Staten Island man may use Facebook to serve his ex-wife legal notice that his child support payments should cease upon his son turning 21.

Per the New York Post, the Court ruled that Noel Biscocho could use Facebook to serve Anna Maria Antigua because other more traditional methods of service did not work.

Antigua moved and left no forwarding address. A Google search proved fruitless. At the same time, she maintained an active Facebook page, receliking pictures posted by Biscocho’s current wife.

The Court, acknowledging this was a first in New York and the first in the U.S. that didn’t involve service over seas, ruled it was “impracticable” for Biscocho to serve Antigua personally, through someone at her home or business, or by taping a copy to her door and mailing her another.

“However, despite the absence of a physical address, [Biscocho] does have a means by which he can contact [Antigua] . . . namely the existence of a social media account,” the Court wrote.

I tend to agree with New York City family law lawyer, Michael Stutman, who told the post, “The idea that physically handing someone a piece of paper is the only way to serve notice is archaic.”

Digital communication, including social media, is used by more people than the U.S. mail. Receiving notice is an email, text, or social media post away.

The party receiving notice need not even have a permanent address or a computer. Smartphones are becoming near ubiquitous.

Service via Facebook may be rare today. I expect it to be the norm in a few years.