Randall Lindley and T.J. Hales in NACM's Business Credit Discuss Service of Process and Proof of Delivery Issues in the Social Distancing Era

Partner Randall K. Lindley and Associate T.J. Hales authored the National Association of Credit Management (NACM) Business Credit article “Completing Service of Process and Establishing Proof of Delivery in Light of COVID-19 Social Distancing.” In the piece, they discuss the impact of the COVID-19 pandemic and related social distancing measures on completing and proving service of legal process on defendants.

Lindley and Hales explain that “personal service” does not require hand delivery under Texas law, and that hand delivery could conflict with social distancing orders. Rather, “so long as the server leaves the papers near the defendant or in a place the defendant likely would find the papers and informs the defendant it is being served, a court likely would find personal services is perfected.” They add, “The fact of the social distancing requirements is that critical points of contact for essential businesses will look different than usual for the time being. This does not mean business cannot proceed, but it does mean businesses must heed new legal requirements governing their agents’ physical interactions with other entities and individuals.”

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