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.
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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