Using Social Media Evidence in Legal Cases: A Guide for Creditors
For over 25 years, I served as a consumer bankruptcy attorney, filing over 4,000 Chapter 7 and Chapter 13 cases to assist debtors. Today, I focus exclusively on creditor representation, helping creditors recover what they are owed under Texas law. Social media can be a powerful tool in legal proceedings, including bankruptcy and family law cases, as it often contains evidence critical to the outcome of a case. Here’s how creditors and their attorneys can effectively gather social media evidence.
Challenges with Subpoenaing Social Media Hosts
Subpoenaing social media hosts such as Facebook or Twitter often results in limited success. Social media platforms typically provide a standard form letter outlining how to authenticate an individual’s account rather than producing the actual data you need. Instead, it’s far more effective to obtain the necessary information directly from the individual in question.
How to Request Social Media Data
Social media platforms have built-in tools that allow users to download their data archives. Here’s how to request this information:
- Log into the individual’s account (with proper authorization or court order).
- Navigate to the Account Settings tab and click on General Settings.
- Select Download a copy of your Facebook data.
- Facebook will begin archiving the account’s information.
- Once complete, the account holder will receive an email with a link to download the data.
- Request that the individual produce the downloaded Facebook archive as part of the discovery process.
- Access the Account Settings page of the individual’s Twitter account.
- Look for the option labeled Your Twitter Archive and click on Request Your Archive.
- Twitter will process the request and send an email with a download link.
- The archive will include a list of all tweets with corresponding date and time stamps.
- Ask the individual to produce the downloaded Twitter archive.
Importance of Social Media in Legal Cases
Social media evidence can significantly influence legal proceedings. For creditors, posts, messages, or other activity can help identify hidden assets, inconsistent financial claims, or evidence relevant to the case. Ensuring the production of this data is a critical step in building a strong case.
About the Author
Michael Busby Jr. specializes in creditor representation and family law in Harris and Fort Bend Counties, Texas. With over 25 years of legal experience and extensive courtroom knowledge, I work to ensure creditors receive what they are owed while leveraging innovative strategies, including the use of social media evidence.
