Frequently Asked Questions  

What are the fees for service?

There is a fee involved for the delivery of all civil process, which depends on the type of service, the type of document, the number of individuals being served, and the town or city that it is being delivered to.  Please call the office for the cost of a particular service.

How do I know when my papers have been served?

After the service has been completed, I complete and type out a return of service for the document, which is an affidavit stating exactly how and when the service was completed.  The affidavit will be attached to the original document  (copies of the documents are always served), and the original be sent directly to the Plaintiff/Attorney.

I also offer the ability to check over the website. Be sure to ask for an account to be set up for you.

What is 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 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. M.G.L. C.41, Section 92. M.G.L. C.41 Section 93 - Deputy sheriffs are not required to be bonded, they usually rely upon the Sheriff's bond fixed by the Supreme Court. Constables usually operate as independent contractors. Deputy Sheriffs usually 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 provides that if damages being sued for any civil complaint exceed $2,500.00 then service upon a Defendant can only be made by a sheriff or deputy sheriff. 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 amount of damages in a suit exceeds the $2500.00 limit, or 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 may or may not grant the motion.

Is it Cheaper to use a Constable than a Deputy Sheriff?

There may be a cost savings in using constable service where possible. Constables being municipal officials 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.

The fees for service of process in Massachusetts by Sheriffs, Deputy Sheriffs and Constables are provided for by statute and are arrived at by combining a number of items provided for in the statute. The fees charged generally include: cost of service, copies, travel, and use of motor vehicle, but may include additional fees for attachments, 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.

What should I do if I have a Capias?

Plaintiffs and Attorneys who have gone to court and have been issued a Capias against a Defendant for funds owed can either send in or drop off the Capias at the office with the fee for service.  I will make all possible attempts to contact the Defendant, by telephone and mail and by visits to the individual’s home and workplace, if necessary, to either set the Defendant up for a court date or to collect the entire amount owed.  If I arrange a court date with the Defendant, I will contact the other parties involved in the case so that they can make arrangements to be in court on that date.  If the amount owed is collected in full, I will either call you or send you a check for the amount. 

If all attempts to collect the money and to get the Defendant into court have been unsuccessful, you can opt to have the individual arrested for an additional fee.  The Defendant can be arrested at home or a workplace.  Please be aware, however, that a Physical Arrest will only guarantee that we will get the Defendant into court – I have no control over any judicial decisions or payments once he or she is in court.  Furthermore, if you have a Capias against a business or organization, it will be necessary to go to court and have an individual’s name added to the Capias in order to make a Physical Arrest. 

In order to properly serve the Capias, I will need from you:

• The original Capias

• Address of the Defendant (Any additional information you can provide will also be very helpful – such as his/her phone number, workplace, etc.)

• Fee for service

• Your contact information

• Total amount owed by the Defendant

Acceptable Payments and Billing:

Cash (if paid in person), checks, and money orders. Any returned checks will incur a fee of $25.00 and legal actions may be taken.

Billing is available for municipalities, lawyers and other constables. Terms are payable when received.  Any payments not received after 30 days, and every 30 days thereafter, will incur a billing charge of $5.00 for each 30 day period. If you would like to set different terms, please contact the office to make arrangements.