Process Server Laws: Massachusetts

[Carmen Acai]

Rule 4. Process
(a) Summons: Issuance. Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint and a summons for service to the sheriff, deputy sheriff, or special sheriff; any other person duly authorized by law; a person specifically appointed to serve them; or as otherwise provided in subdivision (c) of this rule. Upon request of the plaintiff separate or additional summons shall issue against any defendant. The summons may be procured in blank from the clerk, and shall be filled in by the plaintiff or the plaintiff's attorney in accordance with Rule 4 (b).
(b) Same: Form. The summons shall bear the signature or facsimile signature of the clerk; be under the seal of the court; be in the name of the Commonwealth of Massachusetts; bear teste of the first justice of the court to which it shall be returnable who is not a party; contain the name of the court and the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend; and shall notify him that in case of his failure to do so judgment by default may be rendered against him for the relief demanded in the complaint.
(c) By Whom Served. Except as otherwise permitted by paragraph (h) of this rule, service of all process shall be made by a sheriff, by his deputy, or by a special sheriff; by any other person duly authorized by law; by some person specially appointed by the court for that purpose; or in the case of service of process outside the Commonwealth, by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is to be made, or who is designated by a court of this Commonwealth. A subpoena may be served as provided in Rule 45. Notwithstanding the provisions of this paragraph (c), wherever in these rules service is permitted to be made by certified or registered mail, the mailing may be accomplished by the party or his attorney.
(d) Summons: Personal Service Within the Commonwealth. The summons and a copy of the complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows:
(1) Upon an individual by delivering a copy of the summons and of the complaint to him personally; or by leaving copies thereof at his last and usual place of abode; or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by statute to receive service of process, provided that any further notice required by such statute be given. If the person authorized to serve process makes return that after diligent search he can find neither the defendant, nor defendant's last and usual abode, nor any agent upon whom service may be made in compliance with this subsection, the court may on application of the plaintiff issue an order of notice in the manner and form prescribed by law.
(2) Upon a domestic corporation (public or private), a foreign corporation subject to suit within the Commonwealth, or an unincorporated association subject to suit within the Commonwealth under a common name: by delivering a copy of the summons and of the complaint to an officer, to a managing or general agent, or to the person in charge of the business at the principal place of business thereof within the Commonwealth, if any; or by delivering such copies to any other agent authorized by appointment or by law to receive service of process, provided that any further notice required by law be given. If the person authorized to serve process makes return that after diligent search he can find no person upon whom service can be made, the court may on application of the plaintiff issue an order of notice in the manner and form prescribed by law.
(3) Upon the Commonwealth or any agency thereof by delivering a copy of the summons and of the complaint to the Boston office of the Attorney General of the Commonwealth, and, in the case of any agency, to its office or to its chairman or one of its members or its secretary or clerk. Service hereunder may be effected by mailing such copies to the Attorney General and to the agency by certified or registered mail.
(4) Upon a county, city, town or other political subdivision of the Commonwealth subject to suit, by delivering a copy of the summons and of the complaint to the treasurer or the clerk thereof; or by leaving such copies at the office of the treasurer or the clerk thereof with the person then in charge thereof; or by mailing such copies to the treasurer or the clerk thereof by registered or certified mail.
(5) Upon an authority, board, committee, or similar entity, subject to suit under a common name, by delivering a copy of the summons and of the complaint to the chairman or other chief executive officer; or by leaving such copies at the office of the said entity with the person then in charge thereof; or by mailing such copies to such officer by registered or certified mail.
(6) In any action in which the validity of an order of an officer or agency of the Commonwealth is in any way brought into question, the party questioning the validity shall forthwith forward to the Attorney General of the Commonwealth by hand or by registered or certified mail a brief statement indicating the order questioned.
(e) Same: Personal Service Outside the Commonwealth. When any statute or law of the Commonwealth authorizes service of process outside the Commonwealth, the service shall be made by delivering a copy of the summons and of the complaint: (1) in any appropriate manner prescribed in subdivision (d) of this Rule; or (2) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; or (3) by any form of mail addressed to the person to be served and requiring a signed receipt; or (4) as directed by the appropriate foreign authority in response to a letter rogatory; or (5) as directed by order of the court.
(f) Return. The person serving the process shall make proof of service thereof in writing to the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a sheriff, deputy sheriff, or special sheriff, he shall make affidavit thereof. Proof of service outside the Commonwealth may be made by affidavit of the individual who made the service or in the manner prescribed by the law of the Commonwealth, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or such other evidence of personal delivery to the addressee as may be satisfactory to the court. Failure to make proof of service does not affect the validity of the service.
(g) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process is issued.
(h) Certain Actions in Probate Courts: Service. Notwithstanding any other provision of these rules, in actions in the Probate Courts in the nature of petitions for instructions or for the allowance of accounts service may be made in accordance with G.L. c. 215, § 46, in such manner and form as the court may order.
(i) Land Court. In actions brought in the Land Court, service shall be made by the court where so provided by statute.
(j) Summons: Time Limit for Service. If a service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion.
Rule 45. Subpoena
(a) For Attendance of Witnesses; Form; Issuance. Every subpoena shall be issued by the clerk of court, by a notary public, or by a justice of the peace, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The clerk, notary public, or justice of the peace shall issue a subpoena, or a subpoena for the production of documentary evidence, signed but otherwise in blank, to a party requesting it who shall fill it in before service.
(b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.
(c) Service. A subpoena may be served by any person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person, or by exhibiting it and reading it to him, or by leaving a copy at his place of abode; and by tendering to him the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States or the Commonwealth or a political subdivision thereof, or an officer, or agency of either, fees and mileage need not be tendered.
(d) Subpoena for Taking Deposition; Place of Examination.
(1) No subpoena for the taking of a deposition shall be issued prior to the service of a notice to take the deposition. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by these rules, but in that event the subpoena will be subject to the provisions of Rule 26 (c) and subdivision (b) of this rule. A deposition subpoena upon a party which commands the production of documents or things must give the party deponent at least thirty days for compliance after service thereof. Such subpoena shall not require compliance of a defendant within 45 days after service of the summons and complaint on that defendant. The court may allow a shorter or longer time. The person to whom the subpoena is directed may within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.
(2) Unless the court orders otherwise, a resident of this Commonwealth shall not be required to attend an examination at a place more than 50 airline miles distant from either his residence, place of employment, or place of business, whichever is nearest to the place to which he is subpoenaed. A non-resident of the Commonwealth when served with a subpoena within the Commonwealth may be required to attend only in that county wherein he is served, or within 50 airline miles of the place of service, or at such other convenient place as is fixed by an order of court.
(e) Subpoena for a Hearing or Trial. At the request of any party subpoenas for attendance at a hearing or trial shall be issued by any of the persons directed in subdivision (a) of this rule. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the Commonwealth.
(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court in which the action is pending.
MASSACHUSETTS GENERAL LAW
136, § 8. Service or examination of process. Civil process shall not be served or executed on Sunday, and such service if made shall be void, and the person who serves or executes it shall be liable in damages to the person aggrieved in like manner as if he had no such process; provided, that this section shall not apply to service of such process by publication in a newspaper published on Sunday.
136, § 13. Application of secs. 5 - 11; exceptions. The provisions of sections five to eleven, inclusive, shall, except as provided in section fourteen, apply to all legal holidays, except January first, the third Monday in January, the third Monday in February, March seventeenth, the third Monday in April, May twentieth, June seventeenth, and November eleventh after one o'clock post meridian, or on the day following when any of said days occur on Sunday….

This is the link: Massachusetts Rules of Civil Procedure

[Mr. Brian G Porter]

Well that didn't help much at all did it.

[Robert North]

Brian .....
Did you ever find out what Massachusettes requires for P.I . work ?
Thanks , Robert North

[Kimberly Lackey]

Hi Brian and Robert,

Go here: www.lpdam.org

Thisse folks may be able to interpret your state laws for you. Click on About L.P.D.A.M. on the left side of the screen to find their contact information. Good luck!

The dept of state police governs the licensing of PI's. There office is located in Danver Massachusetts ( in the Danver State Police Barracks). There are requirements and stipulations like anything else and a fee, I dont know what the fee is, but this is taxachusetts so you can count of there being fees everytime you turn around.

I might add that MSP ( Mass State Police) hold these licenses close to heart for there retireing buddy's ( just my opinon, but what do I know I only live and work in this state)

[Robert North]

Thank You Kimberly !
That was very helpful ...
Have a great day ....Robert North

[Robert North]

Thanks John....
You have too love taxachusetts...
fee's ... fee's and more fee's please !!!
Robert North

[Tomas Clark]

How does one become a constable?

Originally Posted by Tomas Clark

How does one become a constable?

Where?

[Catherine Paraskoulakis]

Originally Posted by John Hunter

The dept of state police governs the licensing of PI's. There office is located in Danver Massachusetts ( in the Danver State Police Barracks). There are requirements and stipulations like anything else and a fee, I dont know what the fee is, but this is taxachusetts so you can count of there being fees everytime you turn around.

I think this information is incorrect for I called the Middleton Jail in Middleton/Peabody and talked to a woman who gave me the name of the Civil Process Director.. She stated that in order to become a Server of Process, you have to be deputized in Massachusetts.. I have written to this director and still waiting to hear.. I will let you all know as soon as I get a response...

[Denise Garceau]

You fill out a constable application (notarized) and pay a fee. I did it many years ago and the process is still the same as far as I know. I will ask my attorney tomorrow to make sure.

All bonded constables may serve, within the Cities or Towns of Massachusetts the following:

All Summons and Complaints, as of 7/1/87 with no Ad Damnum stated, or up $2500.00 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.

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.

[Gary Eads]

Thanks for all the great information, it will be very useful.

[Catherine Paraskoulakis]

Originally Posted by Tomas Clark

How does one become a constable?

I would think that you would need to contact a local Constable in your area to find out this information. I am sure he/she would be able to help you.

Good luck !

[Catherine Paraskoulakis]

I stand corrected! I am truly sorry. I just went back and read your origanal entry regarding State Police governing the licesure of PI's. I was thinking Process Servers. That is totally different of course.

Seeing as you are a constable, and I know that you have to become deputized in the state of Massachusetts, how would one apply for this and or how would I become deputized.
I contacted the director of Civil Process and have still not heard back from him. Could you please tell me anything you know? I would like to start in that area of PI work.

Again, my apologies and any help would be greatly appreciated!

[Tracy Perez]

John , I live in MA also....It's a little discouraging to hear that the state police would give you trouble with getting a license. Hopefully when the time comes for me i wont have any trouble.

[Paul Tetrault]

Yes...this info is correct. I had called tho city clerk and spoke with the law dept and they did state you have to become a Constable of the State to serve process...

As far as filling out a Constable application and being bonded there is a 2 and 3 day course you have to take that is about 8 hrs each day....This is what i had read.

[Paul Tetrault]

Originally Posted by Paul Tetrault

Yes...this info is correct. I had called tho city clerk and spoke with the law dept and they did state you have to become a Constable of the State to serve process...

As far as filling out a Constable application and being bonded there is a 2 and 3 day course you have to take that is about 8 hrs each day....This is what i had read.

Now im not sure if you need to take a course..LOL. I really cant find concrete insturctions anywhere.

[Paul Tetrault]

Denise or Catherine:

I am at a loss now. I have even contacted the constables office to inquire the law on becoming a constable and where i should go to apply...

They have not yet contacted me back... I am wondering if either one of you have found out any information yet on the actual process....

any info would be great...Thanks in advance

[Catherine Paraskoulakis]

I have found that only constable's and or deputy's in the state of massachusetts are legally able to be Servers of due Process.
If one would like to be able to do that, you have to become a deputy (or constable)
I have contacted the director of the Process of Service out of Middleton and have not recieved any reply. I also did find a one day course that you could take and it helps you seek out this information.
I don't know why it seems to be such a difficult position to achieve.
Any help or information from a legal constable would greatly be appreciated!!

[Georgios Liakouras]

Hello, My name is Georgios Liakouras a new member of IPIU.
I have two questions and I will appreciate if someone can give me an answer:
1) Do I need license to work by my self as a Process Server? IF YES,
2) What I need and what I must to do to obtain this license?.
Thank you.

[Catherine Paraskoulakis]

Try this link or website.
http://marketcenter.findlaw.com/scri...es/173860.html
You will find that constables are the only ones that can be servers of due process. If you find out differently, please let me know.

I hope this helps.. Just email them and see if they can lead you in the right direction.

Or contact the Director of Process of Service out of Middleton.
I had the number, will try to find it and I believe he can be contacted at the Middleton Jail.

Best of luck to you ... You might just have to be deputized in order to start your business or become a constable.

[Philip Nicastro]

Originally Posted by Paul Tetrault

Yes...this info is correct. I had called tho city clerk and spoke with the law dept and they did state you have to become a Constable of the State to serve process...

As far as filling out a Constable application and being bonded there is a 2 and 3 day course you have to take that is about 8 hrs each day....This is what i had read.

Hello Paul,

I have been a member of IPIU for about a year, and I live in Massachusetts. I would to know more about how to become a license PI here in Mass. I would to find out where I could obtain a Constable application, and take the 3 day course. Looking foward to you replie...........Thank you

Philip Nicastro

[Denise Garceau]

The information for a MA PI license is suppose to be on the State PD website but it's not there. You must call them.

[Parris Fulks*]

A Process Server is anyone who is of legal age tha serves some kind of civil process, notice or subpoena tha is not required to be served by a public officer. AProcess Server here in Massachusetts, may presently serve subpoenas(Federal, Criminal, and Civil) may serve summonses and complaints for probate divorce actions, probate citations, and notices or letters of all kinds.

[Shannon Buckus 1]

I don't know if anyone is still interested - but in case someone comes along someday and asks again - I know that at least in Massachusetts, a Constable is elected... see below from http://www.constable.com/history.html

APPOINTMENT

There is no doubt that a Constable is a municipal officer. G.L.c.41,section 1, provides for the election or appointment of Town Officers. It reads in part:

"Every town at its annual meeting shall in every year when the term of any incumbent expires, and except when other provision is made by law, choose by ballot from its registered voters the following Town Officers for the following terms of office..................one or more Constables for a term of three years, unless the town by vote provides that they should be appointed."

The appointive power appears to be now in the Board of Selectmen, G.L.c.41,section 91A provides:

"The selectmen in any town may from time to time appoint for terms not exceeding three years, as many constables as they deem necessary."

A Constable who is to serve civil process must give a bond to the Town, with sureties approved by the selectmen. Prudence would seem to require that this be the maximum amount required by statue, which is five thousand dollars. Since service by un-bonded constables is void, the Board might consider that all appointments be conditioned upon the Constable obtaining bond within reasonable time of appointment.

In closing, as a point of human interest, even the colloquial term COP had its origin in the activities surrounding Constable. It means " Constable on Patrol.".

Frank D. Rodick, Town Counsel


Hope that's helpful - Shannon

[Katherine A Rondeau]

Now that was just exhausting , I'll keep searching.

[Cynthia Brower]

If you're still looking for information on PI licensing in Massachusetts, just go to the state website to get the real facts:
www. mass.gov

The easiest way to navigate is just to type "private investigator" into the search box on the front page.
Or here is the long link:
http://www.mass.gov/?pageID=eopssubt...Unit&sid=Eeops

Good luck.

[Cynthia Brower]

The information regarding a Mass PI license is on the State's official website:

http://www.mass.gov/?pageID=eopssubt...Unit&sid=Eeops

[Luiz Gonzaga]

I am a Constable in the Town of Barnstable and it is an appointed position. The appointment is dependent on the Town of City that one lives in. If it is Town Government then it must be approved by the Town Selectman. Each Town has a certain amount of Constable's in there by laws. To actually find out who is the approving authority one must read the City or Towns Charter. Some Cities the Town Manager has the Authority to approve the Appointment of the Constable. Usually the appointment is for one year and renewable annually. You are required to have a bond Made to each Town that you have been appointed. You normally are only allowed to serve in the Town you are appointed unless client request a 4C ruling, Motion for appointment of special process server. and it is specific to the case. It is approved by the presiding judge or Clerk Magistrate of the Court. (District, Superior, Probate, Juvinile). To serve supoenas you must be 18 years of age and can serve them anywhere in the state of Massachusetts. I have always requested 4C for any servings that I do out of my Town. Protect for the client. The added step is worth it. It also shows professionalism.
In regards to PI license in MA you must have a minimum of 3 years experience as a working under a Private Investigator, or previous Law Enforcement. The application fee is $600.00 and it is Issued by the Superintendant of the Massachusetts State Police. You can call the Office and they will ask you prequal questions. No walkins allowed. Submission of all documents are done throught the mail.

Lou Gonzaga, PhD
Constable, Notary Public, Process Server