My Constable.com

• All Summons and Complaints with damages not exceeding $2500.00
• Executions not exceeding $2500.00
• Real Estate Attachments not exceeding $2500.00
• Writs and Trustee Process not exceeding $2500.00
• Capias Arrest Warrants, Civil and Criminal
• Summary Process Summons and Complaints, and Evictions under M.G.L. CH.239
• Subpoenas and other Writs and Papers from the Distict Courts, the Superior Court, the Supreme Judicial Court and Federal Courts
• Restraining Orders, Orders of Notice, Injunctions
• Supplementary Process in any amount
• Certain Probate and Family Court Process
• Criminal Process, Ch.209A Restraining Orders, Mittimus, Habeas Corpus
• Small Claims Notices, Notices to Show Cause
• Notices of all kinds 
• Demands
• Posting of Town Meetings,Warrants and Other Notices
• Treasurer's Warrants and Proclamations

 

Acting as a Disinterested Person, the following civil process may be served anywhere by a constable, including but not limited to civil process not required to be served by an officer:

• Summons and complaint for divorce
• Contempt, Modification and Paternity and certain other Probate and Family Court Process
• Subpoenas, Civil, Criminal, Federal Notices and Letters of All Kinds

 

Constables may be appointed as Special Process Servers under either State or Federal Rule 4C. When motion is made and approved by the court  

 

 

 

The Difference Between Constables and Deputy Sheriffs:

 

  Although constables essentially provide the same services at a municipal level that deputy sheriffs provide at a county level there are significant differences between the two offices.

 

Constables may serve most judicial process only in the cities or towns in which appointed or elected. Deputy sheriffs appointed by a county sheriff may serve judicial process within that specific county. Constables are required by law to be bonded for the service of civil process.  Deputy sheriffs are not required to be bonded, they usually rely upon the Sheriff's bond  as set by the Supreme Court. In Massachusetts, Constables typically operate as independent contractors, while the Deputy Sheriffs operate as for-profit corporations.

 

The most important distinction between constables and deputy sheriffs apart from territorial jurisdiction is the Ad Damnum (damages) limitation imposed upon constables in the service of original process. Although the work performed is exactly the same, the law in Massachusetts currently provides that if damages being sued for in any civil complaint exceed $2,500.00 then service upon a Defendant can only be made by a sheriff or deputy sheriff. (See M.G.L. C.41, Section 92 )  The only alternative to this course of action is for a lawyer to seek approval of a motion under M.R.C.P., R.4c for the appointment of a Special Process Server. This may be helpful if the defendants are located in more than one municipality, or more than one county.  It does however require a trip to court and an appearance before a Judge who is not obligated to grant the Motion

 

Costs of Serving Process:

 

There may be a cost savings in using constable service. Since Constables are municipal officials they usually travel shorter distances to effect service, whereas deputy sheriffs covering an entire county, out of necessity usually travel longer distances. Since fees in part are based upon travel and the use of a motor vehicle, distance can significantly effect cost of service.