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Print 7 comment(s) - last by omnicronx.. on Dec 18 at 4:18 PM

Unreachable defendants tracked down on social network

Unreachable by any other means, an unnamed Australian couple attempting to hide from a defaulted home loan will be served a legally-binding court notice through the one thing their debt collectors did manage to track down: their Facebook profiles.

The Australian Capital Territory Supreme Court approved the unusual request, filed by lawyers working for lender MKM Capital, last week after numerous attempts to contact the couple at their home and e-mail address failed.

By the time court’s approval was finalized, however, the couple’s Facebook profiles disappeared – reportedly closed or made private, according to an AP report.

Lawyer Mark McCormack of law firm Meyer Vandenberg Lawyers, who initiated the request on behalf of MKM Capital, convinced the court that the couple’s Facebook accounts were authentic after pointing out that the each posted names and birth dates matched information on file, and that each account listed the other as a friend.

In addition to serving the couple notice via Facebook, the court ordered McCormack to send a copy to the couple’s unresponsive e-mail address, as well as their last known residence. His client is attempting to collect on a 100,000 AUD ($66,940 US) home loan.

“We believe it's certainly the first time in Australia... and we haven't heard of it being done anywhere internationally,” said Meyer Vandenberg representative Archie Tsirimokos.

“[Facebook is] somewhat novel, however we do see it as a valid method of bringing the matter to the attention of the defendant,” said McCormack.

“I think the courts will continue to adopt it on a case by case basis … They will need to assure themselves that it is reasonably likely to bring [decisions] to the attention of the parties concerned.”

Australian courts approved the use of SMS in subpoenaing Australian rugby player Sonny Bill Williams earlier this year, after word surfaced that he had disappeared following defection to a French team.

Meanwhile, Australia isn’t the only country allowing official business on 100,000,000 strong Facebook: British Secret Intelligence Service (SIS, also known as MI6) recruiters are reportedly using Facebook to bolster their recruiting efforts, citing hopes at reaching a larger and more varied pool of job candidates. An MI6 spokesperson said the site was merely the most recent in a “number of channels” that the organization is using in its recruitment efforts.



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oh no
By Dreifort on 12/18/2008 9:19:43 AM , Rating: 1
quote:
British Secret Intelligence Service (SIS, also known as MI6) recruiters are reportedly using Facebook to bolster their recruiting efforts, citing hopes at reaching a larger and more varied pool of job candidates. An MI6 spokesperson said the site was merely the most recent in a “number of channels” that the organization is using in its recruitment efforts.


What the.... I surely hope this doesn't happen here in the US. FBI recruiting from MySpace!?

oh no.... I know some ppl in our political system want to make our country a bit more socialized - but just because it's a social network doesn't mean these ppl will be qualified for a job.

I don't tell me there are qualified ppl who use MySpace - because I already know that. It's the fact that qualified ppl should have better things to do than using MySpace so much so on a frequent basis to get recruited from there.

ugghhhh.

So.... 20 yrs from now, our next presidential candidates will be chosen from Facebook? And the entire election process held online? Only to find out that the winning candidate was a little old lady who lives in Toronto.




RE: oh no
By Moishe on 12/18/2008 9:26:57 AM , Rating: 2
RE: the FBI... It's really just another means of marketing. The qualifications have nothing to do with whether or not the user is a social network user.

I don't think having a message sent via a social network should be a valid method of serving legal papers, BUT it is certainly a good tool for tracking people down.


RE: oh no
By Dreifort on 12/18/2008 4:07:31 PM , Rating: 2
I find it hard to imagine a target market in either Facebook or MySpace.

Are they looking to recruit 14 yr old girls? or 35 yr old guys who like to talk to 14 yr old girls?

What will these candidates put on their resume?

I can speak English, Spanish and 1337. I am a proficient typist and can text 60 words a minute on my cell phone. My 8th grade teacher says I spend too much time on the Internet, so I am proficient with the Internet... I am also good at adding funny slogans to animal photos.


LOL
By mfed3 on 12/18/2008 9:20:36 AM , Rating: 3
pwnt




RE: LOL
By omnicronx on 12/18/2008 4:18:05 PM , Rating: 2
Or as the boys from south park would say.. "YOU GOT SERVED!!!!!!!!"


come again?
By kattanna on 12/18/2008 10:29:10 AM , Rating: 2
serving official court papers through non-official channels? come again? there is NO way they can guarantee that the recipient got them, or that even that its the valid recipient.




RE: come again?
By omnicronx on 12/18/2008 4:17:24 PM , Rating: 2
Email is not an official channel either.


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