Service by Email

Process Service By Email

Process Service By Email Is Now Possible

Process service by email in limited jurisdictions is now available using our proprietary and patented system. We are the ONLY process service firm that has a patented process service by email system.

 

* In most courts you must first obtain a court order allowing process service by email.  In some jurisdictions in Canada no order is required.  However, the laws of the country where the service is to be made must be followed even if the local court allows for such service.  Please contact us to determine if service by email is a possibility.

 

Our patented system fully documents and confirms receipt of service by email and receipt (signed acknowledged by the defendant clearly confirming that the service was received and acknowledged) which satisfies the court requirements for service by email.

Caution:  Service by email is not allowed by most jurisdictions.  Please consult us for the rules of your court by emailing us or calling 1-800-417-7623.

 

Process Service By Email Is New and Innovative

U.S. courts have been resistant to allow process service by email, social media or other electronic means. Service by electronic means is still an uncommon practice in the U.S., although a few state courts have allowed such “alternative service.”

 

The granting of a request for service of process via email may depend on the facts of the case. See also Rio Props. v. Rio Int’l Interlink, 284 F.3d 1007 (9th Cir. 2002) ,finding that email service upon an internet gambling business was an appropriate alternative service given the particular facts of the case.

 

Our system allows us to send a verified email to the Defendant with the service documents attached.  If the Defendant agrees to accept service, they sign a DocuSign agreement and the service is now documented.  If the Defendant fails to respond, we send 4 additional verified emails with information that helps them understand the benefit of accepting service.

 

We provide an Affidavit of Service along with supporting evidence that the Defendant accepted service. It’s that easy!

 

Court Cases Regarding Email And Other Alternative Process Serving

In the case Snyder v. Energy Inc., 857 N.Y.S.2d 442 (2008), a defendant corporation was not registered with the New York Secretary of State and the plaintiff was unable to locate an appropriate address where the corporation or its president could be served. Plaintiffs showed the court that they made reasonable efforts to locate a physical address to serve the defendant. Plaintiffs also proved to the court that they had the president’s email address and they sent an email requesting a physical address to serve process, but their emails went unanswered.

 

The court held that “service by email was reasonably calculated, under the circumstances, to apprise the corporation and the president of the action, and was an appropriate form of service.”

 

Similarly, while service via social media has not gained widespread acceptance for domestic service in the U.S., several states are considering the idea as a possible “alternative” means of service upon defendants who are otherwise impossible to locate or who are evasive.

 

Courts in Oregon, Maryland, Utah and New York appear to be actively considering service through electronic means when other service methods have been exhausted and are insufficient.

 

In an order entered in Mpafe v. Mpafe, a Hennepin County, Minnesota judge stated that service upon a defendant in a divorce case, who apparently lived in West Africa’s Ivory Coast (not a signatory to any treaty governing international service of process with the U.S.), could be made via email, or other electronic methods which provide verification of the receipt of the legal documents.

 

The order further stated that while the court’s rules authorized service by publication in a legal newspaper, it was unlikely the defendant would see it. The court stated that “…the traditional way to get service by publication is antiquated and is prohibitively expensive,” and that “technology provides a cheaper and hopefully more effective way of finding” the defendant at issue.

 

Our affiliate company, Global Legal Notices, can publish your legal notice (and all court documents) for a flat fee www.GlobalLegalNotices.com.

 

However, the Court failed to recognize that attempted service by email alone is sufficient.  The Defendant must verify that he/she received the documents by email and is willing to waive other methods of service, thus, accepting service by email.  All of that is documented and verified using our patented system.

 

Contact Us For Fast And Reliable Process Service By Email

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