Service of process can be tricky when the whereabouts of the defendant are unknown. In Ohio, service by publication is limited to a few types of causes of action. Without looking at statistics, the most oft-used service workaround is probably service on the Ohio Secretary of State for car accidents. Most of these laws are dated and have not considered technological advances, specifically a party's virtual presence. As the American Bar Association recently noted, at least one court in New York changed that. In the case styled In the Matter of a Support Proceeding, Noel B, Petitioner v. Anna Maria A., a New York Court may have become the first in the country to allow service by Facebook as the sole method of service in an action to modify child support obligations.
In that case, the petitioner unsuccessfully attempted all the traditional methods of service. The court found that the petitioner demonstrated that the respondent maintained an active account on Facebook, one to which she regularly responded to other postings. The petitioner described under oath the efforts he went through to locate and perfect service on the respondent. Those efforts were extensive. The court ordered the petitioner to service the pleadings via the social media site, and also to the respondent's last known address (even though that had been unsuccessful). The ABA section leaders commenting on the case were divided, citing authentication concerns. It is clear, however, that the judicial process is in need of updating in light of the fact that people are more likely to maintain a virtual presence rather than a physical one. Although Ohio allows for service by publication and to the Ohio Secretary of State in certain instances, it seems that changing the service or process requirements to allow for service by social media will provide more reliable notice of pending litigation to parties. Neither of Ohio's alternative approaches actually provide notice to parties, its merely a last-ditch effort.
It is only a matter of time before this issue is pushed to the forefront. In Ohio service on lost defendants can be tricky without acknowledging an individual's virtual presence. The New York court decision was a first of its kind and made despite the lack of a specific rule in place. Ohio Litigants could push for the same alternative method when all other service attempts have failed. If this is to be used, the party seeking service by Facebook must be able to document the lengths went to in the attempt to locate a physical service location. Especially if the alternative service methods are unavailable, when all else fails, it's worth a shot.
