Dude Where Did My Service of Process Business Go?

For those following this blog for the last 5+ years know that I have focused it on how the Process Serving and Litigation Support industry has been or may be impacted by the digital revolution underway. 

This short post is no different.  It focuses on a troubling trend, the manner in which civil Subpoena's can be served (actually delivered) upon some of the largest companies in the world. 

After doing a little research for I found the 2015 Subpoena Guide produced by the Associate'sMind Blog to be a very informative and useful resource.  It provides links to detailed information about the polices and procedures of some of these entities in order to properly serve a Subpoena. 


After digging into the policies and procedures of these companies I found that many of them including Twitter, Facebook, Amazon, LinkedIn,  Snapchat, Pinterest and Craigslist all prefer Service of Process be delivered by other that traditional means.  Amazon's information goes into great detail about how to issue a subpoena with a court local to them as well as providing directions that suggests the only way to serve them is via Certified Mail.

As a matter of fact based upon the information they make available the preferred/requested methods of delivery for a Subpoena for civil records are Email, Fax and Certified Mail. I guess this is not at all surprising to many of my readers I have been documenting instances of electronic service and communication for some time now.  

So if you are wondering where your Subpoena business went this may have something to do with it. 

Below is a screenshot of a web-page that AT&T makes available that directs you how to provide them with the information about your Subpoena and what number to fax it to...

 

by Jeff Karotkin

Electronic document delivery drags Ontario lawyers kicking and screaming into the 21st Century

As of Jan. 1, Ontario’s Canada's Rules of Civil Procedure permit the use of “electronic document exchange” or EDX services. The idea is quite simple. Law firms join a cloud-based service that acts as a conduit. A lawyer uploads a document to the service and directs it to the intended recipient. The document is then electronically served with the click of a mouse.

http://business.financialpost.com/2015/01/21/arrival-of-electronic-document-delivery-drags-ontario-lawyers-kicking-and-screaming-into-the-21st-century/

New York Announces Sweeping New Regulation of the Debt Collection Industry

Did Electronic Service of Process in NY just get one step closer to becoming a reality?

One of the changes that are being imposed in the state of New York has to do with how creditors and debtors communicate.  The new regulation allows for communication via Email and it is apparently meant to reduce harassing phone calls.

As I think about what else it could mean or lead to I can't help but wonder if it could bring electronic service of process one step closer to becoming a reality for these types of cases.  What is to stop a creditor from sending demand letters and even the lawsuit via Email? 

Think about  it for a minute… If a creditor knows your email address is valid and the email address follows you regardless of where you work or reside, it just got a whole lot easier to provide actual notice.  Certainly that is better than posting a lawsuit on the door of the last known address.  Why couldn’t a creditor say to the debtor; you don't really want us to send a Process Server or Sheriff to your home or place of work do you? You don't want the cost of the service of process to be added to the debt do you?  Just waive the service requirements and you can avoid the unnecessary cost and embarrassment associated with the service of process... 

Just Sayin... Is this far-fetched?

http://www.troutmansanders.com/new-york-announces-sweeping-new-regulation-of-the-debt-collection-industry-12-05-2015/

by Jeff Karotkin