A federal lawsuit in New Jersey alleges three separate law firms failed to use safe service practices while attempting to serve, as well as allegedly harassing the plaintiff and his family. The suit claims multiple visits (five in one week), including the process server failing to wear a mask, improper sealing of documents and other precautions not taken in regards to Covid-19. The suit references proper procedures that should have been followed with direct reference to the safe service practice developed and championed by ABC Legal Services.
The suit, brought on by Philip Burgess Jr and his company, MicroBilt Corp., takes aim at how the service of process was done in regards to Covid-19 precautions. The process server in this case is accused of failing to take recommended safety precautions; a situation that could have been avoided if the service was done with ABC Legal.
Defendants in this suit include Consumer Litigation Associates, of Newport News, VA, Berger Montague of Philadelphia, PA along with the firm Kelly Guzzo of Fairfax, VA. The lawsuit filed this week also claims these law firms are using process servers in an “improper attempt to coerce Burgess and MicroBilt to settle suits” filed in New Jersey and Virginia.
In an article posted at law.com by Charles Toutant on 6/11/2020, the suit claims the “server was not wearing a mask or gloves, did not maintain six feet of social distancing, and, in fact, came within a foot of the children, the suit said. In addition, the man failed to encase the papers in plastic or another impermeable covering before serving them, the suit said. The same server returned two days later, again banging on the picture window without observing COVID-19 precautions, the suit said.”
This article goes on to state the suit references a website for process servers, listing the health and safety precautions process servers should be taking to protect all parties involved. The website lists ABC Legal’s safe services practices as an example of how process service should properly be carried out during Covid-19, which was referenced in the lawsuit.
As shown by this suit, choosing other service vendors who do not follow the recommended CDC Guidelines, or lack insight into necessary safety procedures leaves the door open for liability and possible lawsuits on your firm. This is why ABC Legal has taken every step to establish a safe and reliable return to service from the Covid-19 pandemic, and is seen as creating the best Covid-19 safety standard for the industry. This means you can count on ABC Legal to provide a process server who will prioritize health and safety for all parties involved, as well as safeguarding the liability of our customers.
To learn more you can find ABC Legal’s unique Pandemic Response Plan in accordance with CDC guidelines here.
Written by
ABC Legal ServicesService made simple—down the road and across the country. Join the 50,000+ professionals who trust ABC Legal for service of process.