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The distance between Costa Rica, Social Media, Internet and technology is narrowing all the time.
No, I'm not referring to iPhones and better Internet services, but to a judge in the United Kingdom's High Court, who ruled this week that legal claims can be served on Facebook.
The big question, whether or not, Costa Rica's Judicial System will follow in the footsteps of the UK court?
Attorney's all over the world are talking about the desision of a British judge allowing lawyers to use the social network to serve legal papers, whether or not it is a summons/subpoena to appear in court, or for such things as back child support, garnishment, small claims,and civil suits. This UK ruling may follow suit on other social networking sites like Myspace, Linkedin, and even Twitter.
The ruling does not necessary mean a new legal era, because the practice has already gone on in courts from Britain to New Zealand and Australia. However, it does show how the emerging integration of social networking websites may now become a major part of the international legal process. Costa Rica's legal system may be forced to jump on the bandwagon.
Many US states and countries have already given the green light that any summons “may be served by leaving a copy of the summons and of the complaint at such person’s dwelling house, usual place of abode, usual place of business, usual mailing address or usual email address.”
Ones email on Facebook does fit the legal requirements on some cases like, usual business and email. And just because you live in Costa Rica (or any other country for that matter) does not mean, you are above the law.
Facebook users that live in Costa Rica may have a rude awaking one of these days
A Facebook notification summons may even grease the wheels of justice in Costa Rica; the last thing a Costa Rican court wants is to deal with some expat's past legal problems.
Now imagine that you are some expat living in Costa Rica, and you know you have had a few legal problems in the US. So one morning, still bleary-eyed from to many Imperials the night before, and suddenly you discover that 1/2 of your Facebook friends have made a comment about you being summons to court for those 20 unpaid parking tickets or that you own $1000s in child support payments.
Now once you have sobered up and reality sits in, you then realize, a judgment may be entered against you, which could result in a garnishment of income you may have coming into Costa Rica – which could be retirement benefits, social security (if Federal taxes are owned) trust funds, etc. etc.
As anyone that has had any legal dealings, the process of serving a subpoenas and/or summons in Costa Rica can be very expensive and one of the reasons why many expats have a feeling of security (of not being able to be found) when moving to Costa Rica.
In the United States, we are accustomed to paying anywhere between $50 to $100 to have process served. In Costa Rica that cost is going to be a lot higher, a cost that many do not undertake to serve papers. For starters, there are no numbered addresses in Costa Rica – for example if you Google map, 1212 First Street, Dallas, Texas it sticks out like a sore thumb.
Not so in Costa Rica, addresses usually are by description (e.g turn right on the third dirt road past the Imperial sign, about one kilometers past the Mango tree, look for the house with the goat in front, and it is the blue upstairs apartment in back).
According to two private investigators that live and do work in Costa Rica [who deal in serving legal papers a lot], it is not uncommon for their clients to spend $1000 USD (or a lot more) to serve someone.
Obviously, if the Costa Rica judicial system allows such civil and even criminal procedures, believe me, there will be a landslide of legal actions that will be targeting those expats that have had past legal problems. The process then becomes very simple than hiring an "server" who will spend a ton of time and your money, hop-scotching across a country looking for the house with the goat in front.
All one has to do is a Facebook search and “bingo” that John "Dirtbag" Doe, who moved to Jaco two years ago [just about the time he skipped town owning his partners $30,000] – a simple Facebook Notification or Message concerning a legal notice may be the only thing a his ex-partners need to get the wheels of justice moving for judgment and then a garnishment, without spending a ton of money to first get them served in Costa Rica.
But, until that time, it's best to ensure that your privacy settings are as secure as you can make them on your Facebook account.
Especially if you fear that you might have some legal problem in the past that you have ran from.
We welcome your views and comments on this article …
The primary problem with process serving in Costa Rica is the absence of a developed address system. Any technicalities, notary requirements, or otherwise are functions of the legal system. Learn the system and you can effectively do your job. Unfotunately, the money that was allocated to develop an address system in Costa Rica was expended – with no results.
I don't see Facebook as becoming a alternative to "due process", in any country.
Addresses are a huge problem, see our post – Costa Rica Street Signs and Addresses
set your privacy settings if you must, but forget using fb as a summons…how can you guarantee the summons is read? who cares if friends on fb see the summons, too bad. If it helps get summons to a certain person, great, another source of communication. If someone were suing me, I wouldn’t be on fb, might ruin your day. It sure would be easier to serve someone and wouldn’t cost a thing!
If this is directed toward some scum bag that owns a lot of child support, I’m for it.
This is a crime against personal rights – you can already serve some by email and now they want into your personal life. Please, Costa Rica dont let this happend to you
Many of us that serve papers have talked about this for a few days. Most think in the U.S. that the U.S. courts will not fallow along because of the “bad service problem” and here in Costa Rica it would be even a bigger problem because of the Notary issue and in that they must give the name of the notary on the court papers before the service.