What Constables Serve
Constables who are bonded to the maximum amount, currently $5000.00, within the cities or town(s) in which they are elected or appointed may serve the following:
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.
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.