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What Constables in Massachusetts can Serve and Where
All bonded constables may serve, within the Cities or Towns in which they are appointed or elected, the following:
*All Summons and Complaints, as of 7/1/87 with no Ad Damnum stated, or up $7,000.00 (As of August 2010) if stated in the complaint:*
Writs and Trustee Process
Real Estate Attachment
Land Court Process
Executions
Supplementary Process in any amount
Small Claims Notices and Notices to Show Cause
All Process under Mass. G.L. Chap. 239
Summary Process, Ejectments, etc.
Notices of all kinds and Demands
Capias Civil Arrest
Probate Court Process, Domestic Relations
Subpoenas: Criminal, Civil, Federal
And other certain writs and papers from District Courts
The Superior, Supreme Judicial and United States District Court and may serve all process under Rule 4c of the Federal and Mass. Rules of Civil Procedure
Capias, Civil,
Criminal Process, 209A's, Habeas Corpus, Mittimus or other required precept
Posting, Notices of Town Meetings and other Notices
Treasurers Warrants and Proclamations
Certain Probate and Family Court Process
Subpoenas and other certain Writs and Paper from the District Courts, the Superior, Supreme Judicial, and Federal Courts
*Constables may also be appointed as Special Process Servers under the provisions of M.R.C.P., R.4c and F.R.C.P., R.4c upon Motion made and approved by the Court. ( Allows to serve Summons and Complaints over the Ad Damnum Amount and outside their Jurisdictions in Civil Action)*
Poundage, keepers, assistants, appraisers, posting, advertising, adjournments, auctioneers, arrests, custody, taking bail, etc. if applicable. M.G.L.-C.262 Section 8 - There are no statutory fees for services provided by special process servers or disinterested persons.
The following may be served anywhere by a Constable, including process of all kinds not required to be served by an officer:
Summons and Complaint for Divorce, Subpoenas (Criminal, Civil and Federal), Probate Citations, Notices and Letters of all kinds.
NOTE: The jurisdiction of Constables in Massachusetts is in most cases limited to the cities and towns in which they are appointed or elected, with very limited exceptions. An original BOND in the amount of $5,000 must be filed with each city or town clerk.
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