At Accurate Serve of Denver, we are often asked whether it is legal to serve legal documents via social media. While the use of social media for the serving process is a relatively new development, there is no doubt that it has become increasingly popular in recent years. In this post, we will discuss whether it is legal to serve process via social media in Colorado.
You’ve Been Served Electronically…Maybe
Can you legally serve a defendant or witness for a Colorado court case via social media, like Facebook or LinkedIn? The answer is…it depends.
In Colorado, there is currently no law that explicitly allows or prohibits the service of legal documents via social media. The state even has a system set up for attorneys and self-filers to file their cases and serve certain parties who are also users of the system. However, Colorado courts can allow the use of social media for serving process in limited circumstances.
Colorado’s Rules of Civil Procedure allow for what’s called Substitute Service. Judges have some leeway in how they interpret the law, and some believe that service via social media can fall under substituted service. However, all efforts to serve the person personally and by other means would need to be well documented before any judge would consider service via social media as a viable option.
Problems with Service Via Social Media
Authenticity
However, it is important to note that the use of social media for the serving process is not without its challenges. First, there is the issue of authenticity. The person serving the documents must be able to prove that the person being served is the actual person in question. This can be difficult, as many people use pseudonyms or multiple social media accounts.
Privacy
Moreover, there is the issue of privacy. The person being served has a right to privacy, and serving legal documents via social media can be seen as an invasion of that privacy.
Legal Liability
Additionally, social media companies have their own policies regarding the use of their platforms for legal purposes, and they may not allow the service of legal documents.
100% Legal Service of Process in Denver
While the use of social media for the serving process is not explicitly allowed or prohibited in Colorado, it is possible in certain circumstances. However, it is important to proceed with caution and to ensure that all legal requirements are met. For more information on alternative service of process in Colorado, contact Denver’s best process servers at 303-501-7121 or send us a work request online.
