Results 1 to 3 of 3

Thread: Let's Face It - Notification of Default Judgment on Facebook

  1. #1
    Suspended
    Join Date
    Nov 2007
    Location
    South Africa
    Posts
    180
    Thanks
    10
    Thanked 29 Times in 21 Posts

    Let's Face It - Notification of Default Judgment on Facebook

    In a recent judgment, the Australian Supreme Court ordered that notice of a default judgment granted in the absence of the defendants could be sent to the defendants by sending a message to the Facebook pages of the defendants.

    Lawyers convinced the court that the Facebook profiles identified were those of the defendants because the dates of birth and email addresses were the same as those of the defendants, and the defendants were on one another’s “friends lists”.

    Australian courts have also allowed service by email and by text message to a mobile phone.

    In South Africa there is the potential for similar orders being granted in the context of substituted service. According to the court rules, substituted service is ordered when the defendant is believed to be in the Republic but one of the normal forms of service set out in the rules cannot be effected, or when personal service is required and cannot be affected. The court may order any manner of service if it can be shown that there is some reasonable likelihood that the form of service suggested will come to the knowledge of the defendant. A court in South Africa may authorise service by way of e-mail or other electronic means.


    The Electronic Communications and Transactions Act, 2002 is also relevant. This Act applies in respect of any electronic transaction or data message. Its objects include enabling and facilitating electronic communications and transactions in the public interest, and promoting legal certainty and confidence in respect of electronic communications and transactions. This Act has its origins in an international instrument, and countries such as Australia, Canada, United States of America and India all have similar sending and receiving provisions andsimilarly defined key terms. In South Africa electronic transactions policy must be formulated with due regard to international best practice as well as the existing laws and their administration in the Republic.

    Considering that Facebook has attracted over 140 million users worldwide since its inception in 2004, the possibility of service by Facebook is worth bearing in mind as we create and manage our digital identities.

  2. Thanks given for this post:

    Dave A (10-Jun-09)

  3. #2
    Platinum Member Marq's Avatar
    Join Date
    May 2006
    Posts
    1,297
    Thanks
    73
    Thanked 283 Times in 216 Posts
    This could be a landmine. I am on facebook but only looked at it yesterday for the first time in about two months. Sometimes postings come through on email but I haven't received anything for a while now even though stuff is being posted.

    It also assumes I have a computer thats alive and an internet connection and a host of excuses that could be offered. Kind of like the ex postman delivering your post down the storm water system.

    Those of you looking for me on facebook for summons and legal purposes should find me there - I am listed as Tocohantas Dragonbear Smith. Please send all mail there where it is likely to receive the relevant attention.
    The cost of living hasn't affected its popularity.
    Sponsored By: http://www.honeycombhouse.com

  4. #3
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    As entries are dated a later dated entry could prove you'd been there.

    Solution: drop the profile when you get the summons

    What I'm feeling over for catches is this notification business via something like Facebook tied together with the identity theft problem.

    Now that's a real combo can of worms waiting to pop.

Similar Threads

  1. SARS - FINAL NOTIFICATION OF OUTSTANDING DEBT
    By Neville Bailey in forum Tax Forum
    Replies: 14
    Last Post: 27-Dec-14, 10:18 AM
  2. [Question] What happens after default listing expires on itc and I default on repayments
    By africanqueen in forum National Credit Act Forum
    Replies: 1
    Last Post: 25-Oct-11, 07:46 PM
  3. Default judgment - How long does it reflect on your credit profile
    By Mr Capo in forum National Credit Act Forum
    Replies: 0
    Last Post: 11-Oct-11, 10:16 AM
  4. [Question] How to stop Trusteer Rapport-Online download notification?
    By Dave A in forum General Business Forum
    Replies: 8
    Last Post: 13-Dec-10, 08:56 AM
  5. NOTIFICATION FROM WORLD DEBT RECONCILIATION COMMITTEE,UK.
    By Vincent in forum Scam Alert Forum
    Replies: 30
    Last Post: 07-Oct-09, 03:42 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •