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The Future of Electronic Service of Process

The digital age has transformed our society. Looking back even just five years ago can be surreal. Everyone has at least one social media profile, carries a computer in their pocket, and uses a computer frequently throughout the day, almost every day of the year. Even many homeless Americans have regular access to Facebook or email. 

The question that many people are asking is, “Why can’t legal papers be served digitally?” Honestly, the courts are extremely behind the times on this issue. There are several different ways that papers could be electronically served where it would be reasonable to assume that the intended recipient received it.

Here are some reasons that electronic service could indeed be possible:

  1. It is assumed that email and social media passwords and accounts are private, and only the intended party will be receiving the electronic documents.
  2. An email can require the recipient to click a button that sends proof of delivery to the sender. This could easily be used to verify that the email with the papers was opened.
  3. Facebook and other social media show you when messages have been received and seen, which also could serve as proof of service.
  4. Electronic service could make it much easier for interstate cases to move quickly through the courts.

Email and social media accounts also stay the same for most people, for at least several years. Even if the person can’t be physically found, it may be possible to electronically serve the papers through these means. Some courts throughout the country have already allowed this in a few select cases.

Even though marriage and divorce name changes, moves, and career changes can make it difficult to find someone, their social media account is often updated more frequently and can be more easily tracked down. This method could also eliminate some of the added fees that process servers and private investigators charge to try to locate an individual for service.

If you are looking for a reputable process server that is staying up to date on the future of process service, contact us today for more information.

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