If you’ve ever needed legal documents served in Massachusetts, you may have wondered:

Should I hire a constable or a process server?

While both handle important legal duties, they are not the same. Knowing the difference can save time, prevent delays, and ensure your legal matters are handled correctly.

Whether you live in Boston, Cambridge, Somerville, Brookline, Newton, or surrounding towns, understanding their roles is essential for landlords, attorneys, businesses, and individuals.

Constables are official law enforcement officers appointed by a city or town. Their authority is backed by Massachusetts state law and municipal appointment. This allows them to:

• Serve civil and criminal court documents
• Enforce court orders, such as evictions or wage garnishments
• Assist courts in executing legal mandates
• Occasionally perform limited law enforcement functions

In contrast, process servers are private individuals or companies authorized to deliver legal documents. They are registered with the court or local authorities but do not have law enforcement powers. Their responsibility is limited to delivering documents and providing proof of service.

Example:A landlord in Boston needing to carry out an eviction order from housing court would hire a constable. An attorney in Cambridge needing to serve a subpoena to a witness would use a process server.

Constables have a broader scope of work, including:

• Serving civil documents (summonses, complaints, subpoenas)
• Serving criminal documents (arrest warrants, court summonses)
• Enforcing court orders, including evictions and wage garnishments
• Handling repossessions or other legal actions requiring authority

Process servers, however, focus on document delivery:

• Serving legal documents such as subpoenas, summonses, complaints, or notices
• Ensuring proper proof of service is documented and returned to the court
• Following legal protocols for serving individuals or businesses

Example:In Boston, a constable may oversee a court-ordered eviction of a residential tenant, ensuring everything follows Massachusetts law. A process server in Somerville may serve a civil summons or deposition notice. While both deliver documents, only the constable can enforce compliance.

Constables, as sworn officers, have certain legal protections for actions performed within the scope of their duties. They may maintain order if a confrontation occurs during service and are generally covered by liability protections under Massachusetts law.

Process servers rely on civil law protections. Improper service can cause delays or legal challenges, and process servers cannot use force or coerce recipients to accept documents.

Example:A process server delivering a subpoena at a Boston law office must follow strict service rules, while a constable executing a court-ordered eviction has the authority to complete the process even if resistance occurs.

Constables often have regulated fees set by municipalities or courts. Their fees may be higher due to their authority to enforce court orders and manage complex situations. They are commonly used for:

• Residential or commercial evictions
• Foreclosure enforcement
• Serving restraining orders or court judgments

Process servers generally charge a flat fee per document. They are cost-effective for routine legal document delivery without enforcement authority and are ideal for attorneys, law firms, and businesses.

Example:A small business in Newton may hire a process server to deliver multiple subpoenas across different towns. A landlord in Brookline needing to evict a non-paying tenant would rely on a constable to handle enforcement properly.

Constables in Massachusetts must complete state-mandated training and often continuing education. They are vetted by the city or town and trained in court procedures, legal enforcement, and civil process.

Process servers must meet local registration or certification requirements. Their training focuses on proper service techniques, legal documentation, and compliance with Massachusetts service laws. Their training is narrower because they do not enforce court orders.

1. Tenant Eviction in Boston

A landlord needs to remove a tenant for non-payment of rent. A constable is hired to ensure the eviction follows Massachusetts law, safely removes belongings, and delivers court-mandated notices. A process server cannot handle this enforcement.

2. Subpoena Delivery in Cambridge

An attorney requires a witness to appear in court. A process server delivers the subpoena and provides proof of service. No enforcement authority is required.

3. Wage Garnishment in Somerville

A court orders wage garnishment for a debtor. A constable can deliver the legal notice to the employer and ensure compliance. A process server may deliver the notice but cannot enforce it.

Hire a constable if enforcement or compliance is required, such as:

• Evictions
• Court-ordered repossessions
• Restraining orders
• Wage garnishments

Hire a process server if your goal is document delivery only, such as:

• Subpoenas
• Summonses
• Complaints
• Routine civil notices

Choosing an experienced professional is critical in Massachusetts. Improper service or incorrect enforcement can delay court proceedings, result in fines, or even void legal actions.

Colon Constable Services provides years of experience handling both constable and process server needs across Greater Boston, including:

• Boston neighborhoods: Downtown, Seaport District, Back Bay, South End
• Surrounding towns: Cambridge, Somerville, Brookline, Newton, Waltham
• Special situations: evictions, subpoenas, wage garnishments, restraining orders

Our team ensures documents are delivered correctly, deadlines are met, and legal requirements are followed precisely.

While constables and process servers both handle legal documents, the key differences are:

1. Authority: Constables have law enforcement powers; process servers do not.
2. Scope of Duties: Constables enforce court orders; process servers deliver documents.
3. Legal Protections: Constables have protections for enforcement actions; process servers rely on civil protections.
4. Fees: Constables often have regulated, higher fees; process servers are generally more cost-effective.
5. Training: Constables receive broader enforcement training; process servers focus on document delivery.

Understanding these distinctions helps ensure your legal matters in Massachusetts proceed smoothly, safely, and efficiently.

Colon Constable Services is ready to assist families, attorneys, landlords, and businesses with professional constable and process server services throughout Greater Boston.

📧 Email: [email protected]m
📞 Phone: 617-586-5482