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Issued
& Served Statewide
CAPIAS
ARRESTS
Enforced
Statewide
Types
of Process We Serve
| • All
Subpoenas (criminal,
federal, civil) |
● Divorce
Process |
| ● Notices to Quit (draft
& serve) |
● Paternity |
| ● Probate Citations |
● Summary
Process |
| ● Summonses and
Complaints |
● Small Claims |
| ● All Probate
Court Documents |
● Evictions |
| ● Notices
of Trespass (draft
& serve) |
● Capias |
| ● Notices of
Civil Arrests |
● Adoption |
| ● Modification |
● Past Due
Notices |
| ● Demand for
bad checks |
● Witness
Summons |
| ● Federal
Subpoenas |
● Child Support
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A Process Server is a person of good moral
character and credibility, authorized by law and
court rules, who serves various types of legal documents such as
subpoenas, federal summonses, divorce process, eviction
notices, witness summonses, etc. A Process Server must be a
credible person and cannot have any felony convictions or have any
serious misdemeanor convictions.
A Constable, on the other hand, is a process server who may be either
elected or appointed by a town/city, who is required, under his/her
commission, to perform the duties of a constable when called upon to do
so. Such duties include enforcement of court orders and service of
civil process that must be served by an officer authorized to serve
civil process. Not every process server is a constable, however.
Many people believe that process serving is just handing someone a
piece of paper. Though that is involved, there is much more to process
serving. A Massachusetts Process Server or Constable may have to
investigate a person's whereabouts (known as "skip-tracing"), stakeout
a business or residence, and even be willing to make himself available
to testify in court in the event a person attempts to challenge the
fact that he was served. A Process Server or Constable must also
document who, what, where, when and how a person was served. This is
known as an "Affidavit of Process
Server", "Return of Service",
or simply,
"Process Server Report".
Our Network specializes in serving all types of court process. We work
with constables, process servers, and even deputy sheriffs. Most
documents
are served in the same day. Rush service is always available. If you
can't locate a defendant or witness, allow us to utilize our law
enforcement type database to locate them for you.
We will serve your paperwork anywhere in Massachusetts. Our team
welcomes out-of-state process that needs to be served in Massachusetts.
For the
Issuance
of subpoenas, click here.
Capias
Warrant Enforcement
 A capias warrant is a civil
arrest
warrant issued by a judge,
clerk-magistrate, or other authorized official. The term
"capias"
is a Latin term meaning "that
you take", in this
context it is used to
"take the body" before the
court.
Another term often used is "body attachment."
The capias is
used in this instance to order a law enforcement official, or
someone equivalent, to arrest and bring a person before the
court for failure to comply with certain court orders,
including:
1. Failure to appear (including
witnesses, respondents in paternity or divorce
actions, etc.)
2. Failure to pay financial obligations (fines, forfeitures,
assessments, surcharges,
court costs, etc.). For financial
obligations the person arrested may be released
with no further court appearances upon
payment of the obligation.
3. Any other civil court order.
If you have a civil arrest warrant (capias)
issued
by a Massachusetts Court that needs to be enforced then the
Massachusetts Notary Public & Legal Support Network is willing
to apprehend the subject for you. The Civil Enforcement
Officers of this Network will locate, arrest, and transport the subject
to the courthouse that issued the warrant.
We will not accept any capias warrants that do not have the official
seal of the officer or court of law issuing it. All warrants are
verified through the court before enforced.
Cost to enforce Capias and/or attempt to collect monetary judgment from
judgment debtor is between $150 - $300. Email us
with any specific questions or to use our services.
Fee's
for Service of Process:
* Regular
service of process does not include enforcement of Capias Warrant of
Civil Arrest or paperwork from other States.
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1-5
Miles:
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$50
per doc.
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6-10
Miles:
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$65
per doc.
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11-20
Miles:
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$75
per doc.
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20+
Miles:
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$85
per doc. + .50¢ mile
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If you work for a law office and use us a
lot, we
may be able to lower our fees as a courtesy. Feel free to email us if
you have any questions.
Please note
that the fees above DON'T
include the witness fees required to be paid to the applicable
witnesses by law. You're required to give us the money to pay the
witnesses. In the event that we pay out of our pockets, you're required
to reimburse us for any payments made to a witness.
QUANTITY DISCOUNTS AVAILABLE
PRICES ARE NEGOTIABLE
Top
Legal
Papers From Other States
Our team welcomes legal process from
out-of-state and other foreign
jurisdictions. We can serve your paperwork
anywhere in Massachusetts
for $135 per set of documents served. For instance, if you
have divorce
paperwork from your Florida Court and need it served here in
Massachusetts, the total cost would be $135 regardless of where it
needs to be served.
The flat rate includes unlimited attempts at serving one
person in-hand. If we have to
visit an address 10 times in order to serve one person in-hand, we will
do so at no extra charge to you.
Where can I send my
out-of-state documents for service of process?
---- Please send two
copies of everything you need served to this
direct mailing address:
Korey Humphreys
Process
Server
60
Washington Street
Ayer,
MA 01432
Most people use FedEx
Overnight Delivery; however, this is optional.
You may send the documents to us via
FedEx, UPS, USPS, or DHL.
I need to have two or
more people served at one address, what are the additional fees?
--- If you need to
serve more then one person at a single address, the
total cost would be $135 plus $30 per each individual. Therefore, if
you need two people served at one location, total cost would be $165.
How
can I pay the $135 fee?
---- You can send
a check, money order, or Postal Money Order (from
Post Office). It should be payable to: Korey
E. Humphreys.
Or you can pay by
credit or debit card by clicking the button below:
Rather then mailing
the documents, I would like to email them to you for faster service.
Can I email the documents to you?
--- If there are only a
few pages that need to be served, then you can
email the documents.
Please do not email documents that have more then 10 pages.
Process
Serving Laws:
MASSACHUSETTS
LAWS/RULES
M.G.L.
c. 268 § 6B: Process servers; false statements; penalty
Any
process server who returns to the court a writ or other official
instrument of process on which he has willfully falsified either the
fact that service has been made, or the fact that a particular kind of
service has been made, shall be punished by a fine of not more than
five hundred dollars or by imprisonment for not more than one year.
M.G.L.
c. 136 § 8: Service or execution 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.
M.G.L.
c. 233 § 2: Service of [witness]
summons
Such
summons may be served in any county by an officer qualified to serve
civil process or by a disinterested person by exhibiting and reading it
to the witness, by giving him a copy thereof or by leaving such copy at
his place of abode.
Massachusetts
Rules of Civil Procedure:
Rule 4(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. . .
Rule 45(c):
Subpoena
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.
Massachusetts Rules of Domestic Relations Procedure:
Rule 4(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 disinterested person; 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. . .
Rule 45(c):
Subpoena
Identical
to Mass.R.Civ.P. 45(c)
Massachusetts
Rules of Criminal Procedure:
Rule 17(d):
Service of
summonses for witnesses:
A
summons may be served by any person authorized to serve a summons in a
civil action or to serve criminal process. A summons shall be served
upon a witness by delivering a copy to him personally, by leaving it at
his dwelling house or usual place of abode with some person of suitable
age and discretion then residing therein, or by mailing it to the
witness' last known address.
FEDERAL
LAWS
Title
18 U.S.C. § 1501: Assault on process
server:
Whoever
knowingly and willfully obstructs, resists, or opposes any officer of
the United States, or other person duly authorized, in serving, or
attempting to serve or execute, any legal or judicial writ of process
of any court of the United States, or United States magistrate judge; or
Whoever
assaults, beats, or wounds any officer or other person duly
authorized, knowing him to be such officer, or other person so duly
authorized, in serving or executing any such writ, rule, order,
process, warrant, or other legal or judicial writ or process --
Shall,
except as otherwise provided by law, be fined under this title or
imprisoned not more than one year, or both.
Federal
Rules of Civil Procedure:
Rule 4(c):
Summons:
(1) In General:
A
summons must be served with a copy of the complaint. The plaintiff is
responsible for having the summons and complaint served within the time
allowed by Rule 4(m) and must furnish the necessary copies to the
person who makes service.
(2) By Whom
[Served]:
Any person who is at
least 18
years old and not a party may serve a summons and complaint.
(3) By a Marshal or
Someone
Specially Appointed:
At
the
plaintiff's request, the court may order that service be made by a
United States marshal or deputy marshal or by a person specially
appointed by the court. The court must so order if the plaintiff is
authorized to proceed in forma pauperis under 28 U.S.C. § 1915
or as a seaman under 28 U.S.C. § 1916.
Rule 45(b): Service of Subpoena:
(1) By Whom;
Tendering Fees;
Serving a Copy of Certain Subpoenas:
Any
person
who is at least 18 years old and not a party may serve a subpoena.
Serving a subpoena requires delivering a copy to the named person and,
if the subpoena requires that person's attendance, tendering the fees
for 1 day's attendance and the mileage allowed by law. Fees and mileage
need not be tendered when the subpoena issues on behalf of the United
States or any of its officers or agencies. If the subpoena commands the
production of documents, electronically stored information, or tangible
things or the inspection of premises before trial, then before it is
served, a notice must be served to each party.
Frequently
Asked Questions:
Why
use a Certified Process Server (CPS) instead of the Sheriff's Office?
It
is thought by many that the only entity that is authorized to serve
civil process is the Sheriff's Department. This is not true and many
Sheriff's Departments welcome the idea of professional process servers
because they take a lot of the workload away and, as a result, prevents
the Sheriff's Department from becoming overloaded with work. Also, a
professional process server has the ability to offer more flexible
services then a deputy sheriff could. For instance, the Sheriff's
Department may only have time to attempt to serve someone once a day
whereas a professional process server may be able to make several
attempts.
Back
to FAQ's
Why
should I use the Massachusetts Notary Public & Legal Support
Network instead of a local constable or Sheriff's Department?
Deputy
sheriffs and constables do offer process server services, however, they
are usually backlogged and do not offer extra care, diligence and
dedication to completing more difficult serves. Please keep
in mind
that our network uses the services of constables and deputy sheriffs;
however, when they serve process for this network, they give us
some professional courtesy and serve the paperwork the way we
want it
served.
Back
to FAQ's
Do
you serve domestic relations process?
Yes. We serve all domestic relations process including the following:
* Divorce
Summons & Complaint
*
Domestic Relations Summons
*
Complaint for Support, Custody, and/or Visitation
*
Subpoenas
*
Modifications, etc.
We can serve all process issued by the Family & Probate Court.
Back
to FAQ's
Do
you serve criminal subpoenas?
Yes. We serve all subpoenas regardless if they are for a civil,
federal, or criminal case. In fact, we can even draft and issue your
subpoenas. Click
here for more
information regarding our subpoena services.
Back
to FAQ's
Do
you serve federal court process?
Yes. We are authorized to serve for the federal courts. We are allowed
to serve the following federal court process: Federal Summons &
Complaint; All Federal Subpoenas.
Back
to FAQ's
How
many copies should I make of each document that needs to be served?
You should make two copies of each document you need served. One copy
will be served on the party you need served, and the other copy will be
kept by the process server for his/her records.
Back
to FAQ's
Are
original documents served by the process server?
No. We
need to have
two copies of every document that you need served.
You
must give the original documents to the process server so he/she can
certify that the copies being served are true copies of the original.
After service is made, the process server will return the original
documents and will include a return of service.
Back
to FAQ's
Do
your process servers serve process discretely?
Since
we acknowledge that many litigants attempt to evade service of process,
our process servers usually dress in street clothes. If a party knows
of a pending case, he or she may refuse to answer their
door if they observe a uniformed officer standing outside their home.
We feel that it is easier to serve court process dressed in street
clothes.
Back
to FAQ's
If
a spouse or litigant is known to be violent, should I tell the process
server?
Yes!
It is very important for you to notify the process server if you feel
that the person you need served will become hostile. If you know the
person has a history of violence, please let us know. Many times we
request that the police standby and assist us if we have reason to
believe we may be in danger. Although violence towards a process server
is rare in civil matters, it is not unheard of.
Back
to FAQ's
When
can I expect my papers to be served?
Most
paperwork is served within 24 hours after we receive your service
request. Court process cannot be served on Sundays and most legal
holidays.
Back
to FAQ's
How
many attempts are generally made?
You are guaranteed that multiple attempts will be made unless
information is obtained that the party is no longer at that location.
Additional charges apply for a new address.
Back
to FAQ's
What
happens if you can't serve the paperwork?
After substantial attempts are made without progress, we will advise
you to ask the court to permit substitute service (publication in a
newspaper, etc.) As a courtesy, we would reduce our fees and
charge you only a reasonable amount to cover travel expenses.
Back
to FAQ's
What
fees do you charge?
The fees are determined by the amount of miles traveled from our
location to the person being served.
Also, for the service of subpoenas (witness
summons), you may have to tender to the witness (person being served) a
small amount of money for one day's attendance and the mileage allowed
by law ( see: Mass. R. Civ. P. 45(c)
).
If the process server pays out of his/her pocket, you must reimburse
him/her. Please see our fee
schedule below for more
information.
Back
to FAQ's
How
can I tell if a process server is part of this network?
All
of our process servers carry an official process server ID card that is
issued by this network. Additionally, they will have a network badge
that reads,
"Official
Massachusetts Process Server".
The bottom panel will have "IPS"
engraved.
If a professional process server is claiming to be affiliated with the
Massachusetts Notary Public & Legal Support Network and you
have
your doubts, feel free to call us for verification at (978) 877-2536.
Back
to FAQ's
Memberships
/ Affiliates:
Investigators.us
- A Private Investigator-Security-Process Server Portal Website,
providing; International Referral Network & Directories-Spy
Gear-Cameras & Software-PI Gear-Career Info-Legal Forms and
more.
Notice: Our Network consists of constables, deputy sheriffs, and
disinterested process servers.
Prices subject to change without notice.
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