Massachusetts State Process Server

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In Massachusetts, process serving refers to delivering legal documents to a defendant or other party involved in a legal proceeding. The rules governing process serving are outlined in both the Massachusetts Rules of Civil Procedure (Mass. R. Civ. P.) and specific statutes. Below are the general rules and guidelines for process serving in Massachusetts:

1. Who Can Serve Process

Sheriffs or Deputy Sheriffs: In Massachusetts, sheriffs or their deputies are typically the official process servers.
Special Process Servers: A person who is not a party to the case and is over 18 years old can also serve process. However, they must be authorized by the court.
Private Process Servers: In some cases, the court may appoint a private process server, or parties may use a private company to serve process, provided they are not a party in the case.

2. Methods of Service

Massachusetts law allows several methods for serving process, depending on the situation:

Personal Service: The process is delivered directly to the defendant. This is the preferred method and must be done by hand to the person being served.
Substitute Service: If personal service is not possible, the documents may be left with a suitable person at the defendant's home or business (usually someone over 14 years old). The defendant must also receive notice by mail.
Service by Mail: Service by certified mail is allowed, but only when agreed to by the defendant or if allowed by the court.
Service on a Corporation or Business: Process can be served on a company’s registered agent, an officer of the company, or another person authorized to accept service on behalf of the corporation.
Service by Posting: If the defendant is absent from the state or otherwise cannot be located, service may be made by posting the documents at the defendant’s last known address and notifying the defendant by mail.
Service by Publication: If the defendant cannot be found after reasonable efforts, a court may approve service by publishing the notice in a newspaper of general circulation for a specified period.

3. Timing of Service

Within 90 Days: Service must generally be completed within 90 days of filing the complaint, or the case may be dismissed.
Proof of Service: After the documents are served, the server must file a Proof of Service (Return of Service) with the court, which confirms the details of how and when the documents were served.

4. Service on a Minor or Incompetent Person

If the defendant is a minor, service must be made on the minor and their parent or guardian.
If the defendant is legally incompetent, service must be made on their guardian or conservator.

5. Service on Specific Entities

Corporations: The process can be served on a corporate officer, the registered agent, or another person authorized to accept service.
Government Entities: When serving process to a government entity, the service must be made according to specific statutory rules. For example, the state must be served via the Massachusetts Attorney General.

6. Service Outside of Massachusetts

If the defendant is outside Massachusetts, service must comply with the Uniform Interstate and International Procedures Act (Mass. Gen. Laws Chapter 223A) or the relevant provisions of the Federal Rules of Civil Procedure if it's a federal case.

7. Alternative Methods for Hard-to-Locate Defendants

If the defendant is avoiding service, the plaintiff may ask the court for permission to use alternative methods of service, such as posting on the door or publishing in the newspaper.

8. Costs of Service

The costs associated with serving process, such as sheriff’s fees or the fees of a private process server, are typically borne by the plaintiff. These costs can be included in the overall case costs.