Court Sets Aside Default Judgment When Plaintiff Made No Attempt to Contact Defendant Electronically

The Arizona Court of Appeals earlier this month upheld the setting aside of a default judgment when the evidence showed that the plaintiff served the defendant by publication only even though he knew her email address, phone number, and how to contact the defendant through social media.

In Ruffino v. Lokosky, the court agreed with the lower court “that modern methods of communication, especially email, were more likely to give [the defendant] notice of a suit than publication in a newspaper distributed in a rural area 70 miles from [the defendant’s] Scottsdale home.”  The court found that when “more practical channels of communication are available,’ such as email or social media, a plaintiff “should first use those channels to attempt to confirm the other party’s address, or move for alternative service, before service by publication can be considered the best means practicable under the rule.”

By William Horne

This post was written by .

Published .

Posted in: Other Legal Issues

Leave a Reply