Q: I am residing in montana. A police officer tried to serve me a subpoena over facebook...
I am residing in montana. A police officer tried to serve me a subpoena over facebook i did not see the message i just saw a preview of the message saying that there was a subpoena. I have since deactivated my facebook. My question is this; is it legal to serve a subpoena over facebook? Also what should be my next actions if i do not wish to go to court? Could i send in a motion to quash on the basis of hardship? I am technically homeless and without a job and over 100 miles away. Please anything is appreciated.
A: Service of process must be done in person, not on facebook. You will have to see a local attorney about the other matters you raised, as well as this one.
A: I'm guessing that the officer was being lazy, and trying to get you to waive service of process. I strongly doubt that he filed a return of service alleging that he had actually served you on Facebook.
No, I don't think you can successfully get a valid service of process quashed "on the basis of hardship". If you don't want to go to court (assuming it is a civil case), you probably don't have to. The worst that could happen is that a default judgment could be entered against you. If you are indeed homeless and without a job it is likely that you are also judgment proof.
I suggest that you call the clerk of court and ask of a return of service was indeed filed. You could, in that case, probably get it quashed as improper service. If a court hearing is set you may be able to arrange to participate by telephone.
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