7/14/30 Day Notice to Quit
72 Hour Notices
Contempt Summons & Complaint
Demand on Execution
Discharge of Levy
Judgement Debtor Summons
Notice to Quit
Notice to Show Cause
Order of Notice
Summons & Complaint – Modification
Summons & Complaint – Paternity
Summons & Complaint – Separate Support
Summons & Complaint – Summary Process
Summons & Complaint – Supplementary Process
Summons & Complaint – Statement of Damages
Summons & Complaint – Divorce
Summons & Complaint – Divorce-ARO
Summons And Complaint
Summons to Trustee
& Other Documents
If you have a question about service of process, chances are that many people have asked the same question before you. Here are answers to some of the questions we hear often:
What is service of process?
According to United States legal procedure, all parties must be notified if they are facing legal action against them in a court of law. Notification (called service of process) is accomplished through delivery of documents describing the legal action, and those documents include subpoenas, complaints, summonses, writs and order to show cause.
What does a professional constable do?
A Constable is responsible for delivering legal documents to the parties involved in court proceedings. Massachusetts requires Constables to be bonded, and all constables must adhere to all state regulations governing legal service of process.
Constables typically locate the individual named on the document, travel to that person to deliver the documents, verify the person’s identity before handing over the papers, and then provide their client with a signed proof of service. This proof of service - also called the affidavit of service - details the time, date and location of the service of process, and the subject’s name. It is the document you can present in court to verify that successful service of process occurred.
What is the difference between Constables and process servers?
A Constable is either elected or appointed by a community. The Constable is a Constable for that community, they do not have state-wide authority as a Constable. They may, in many cases, serve papers state-wide as a process server. A process server is a person over the age of eighteen and not an involved or interested party in the case. Process servers are not required to be bonded to serve process.
There are certain processes where a Constable may be allowed to be a "Special Process Server". This is a motion that must be allowed by the clerk of the court or a judge. This confers process server authority only and in cases where the local Constable or county sheriff must serve the process. This is mostly limited to Housing Court matters.
Why do I need a Constable?
Service of process must be carried out by a professional who understands the state laws, is well-versed on best practices and is bonded. Any failure to follow legal procedures can result in legal issues for other parties in the court case, which is why you should leave service of process to a professional. An experienced and knowledgeable Constable will do everything by the book and make it easy to demonstrate that you fairly notified the other parties of impending legal action.
How long does it take to deliver a document?
Documents are served the same day or the next day from when they are received. Services are made in accordance with Massachusetts Law. We will provide the best service possible and deliver documents promptly. Keep in mind however that documents delivered by hand may take longer than expected if the person being served is unresponsive. Also, a Capias may take longer than other services, due to the nature of the process.
We’re always available to answer your questions, so please contact us if you need more information about service of process.