You've been served.
A court in Australia has approved the use of Facebook, a popular social networking Web site, to notify a couple that they lost their home after defaulting on a loan.
The Australian Capital Territory Supreme Court last Friday approved lawyer Mark McCormack's application to use Facebook to serve the legally binding documents after several failed attempts to contact the couple at the house and by e-mail.
Australian courts have given permission in the past for people to be served via e-mail and text messages when it was not possible to serve them in person.
McCormack, a lawyer for the lender the couple borrowed from, said that by the time he got the documents approved by the court late Tuesday for transmission, Facebook profiles for the couple had disappeared from public view.
The page was apparently either closed or secured for privacy, following publicity about the court order.
"It's somewhat novel, however we do see it as a valid method of bringing the matter to the attention of the defendant," McCormack said.
Despite the setback, McCormack said the Facebook attempt would help his client's case that all reasonable steps had been taken to serve the couple.
A court is expected to settle the matter as early as next week.
A Queensland state District Court judge ruled in April against documents being served by Facebook because the option of contacting a person via a post office box had not yet been exhausted.
In the latest ruling, Master David Harper insisted that the documents be attached to a private e-mail sent via Facebook that could not be seen by others visiting the pages.
McCormack said he and a colleague found the woman's Facebook page using personal details that she had given the lender including her birth date and e-mail address.
The man was listed on her page as a friend.
Prior to Tuesday, neither had imposed security options that deny strangers access to their pages.
McCormack said he did not bother searching for the couple through any other social networking sites.
"It's one of those occasions where you feel most at home with what you know and I myself have a Facebook account," McCormack said.
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This is so wrong on so many levels. And open to misuse and outright abuse by those seeking to harass, threaten and intimidate someone and claim they are just 'notifying' them of legal proceedings.
There are already flagrant violators of the 'Do Not Call' rule here in the USA claiming to have a 'prior relationship' with the person they are harassing with incessant phone calls to solicit something ... imagine the crap they'd be pulling if this egregious error by the Australian courts made was allowed here.
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