Serving a Summons and Complaint in Massachusetts: What You Need to Know

When someone is involved in a legal dispute—whether it's a civil lawsuit, debt collection, or an eviction case—proper legal service of process is required. In Massachusetts, a summons and complaint must be delivered correctly to ensure the case proceeds in court. If you're filing a lawsuit or need legal papers served, understanding the process is crucial.

At Colon Constable Services, we specialize in professional and timely process serving throughout Boston and Massachusetts. This guide explains everything you need to know about serving a summons and complaint in Massachusetts, including legal requirements, best practices, and how a professional Massachusetts constable or process server can help.

What Is a Summons and Complaint?

A summons and complaint is the official notification of a lawsuit. It consists of:

• Summons – A legal notice informing the defendant (the person being sued) that a lawsuit has been filed against them. It includes details such as the court name, case number, and response deadline.
• Complaint – A document outlining the plaintiff’s (the person suing) claims, the legal basis for the case, and the relief being sought (such as financial compensation or court orders).

Massachusetts law requires that a summons and complaint be properly served to ensure the defendant has a fair opportunity to respond.

Who Can Serve a Summons and Complaint in Massachusetts?

Not just anyone can serve legal documents. Massachusetts law mandates that certain professionals handle service of process to maintain legal integrity. The following individuals are authorized to serve a summons and complaint:

✔ Constables – Authorized to serve legal documents within their jurisdiction.
✔ Sheriffs or Deputy Sheriffs – Government officials who can serve court papers.
✔ Professional Process Servers – In some cases, attorneys may hire a private process server.

At Colon Constable Services, we provide legally compliant summons and complaint service for attorneys, law firms, businesses, and individuals throughout Massachusetts.

How to Serve a Summons and Complaint in Massachusetts

Step 1: Obtain the Summons and Complaint

Before service, the court clerk issues the summons once a case is filed. The plaintiff (or their attorney) prepares the complaint outlining the legal claims.

Step 2: Choose the Right Process Server

Selecting a Massachusetts process server or constable is crucial to ensure valid service. A professional ensures the summons and complaint are served correctly and on time to avoid case delays or dismissals.

Step 3: Serve the Defendant Properly

There are several methods of serving a summons and complaint in Massachusetts:

• Personal Service – The documents are delivered directly to the defendant.
• Substituted Service – If the defendant is unavailable, the documents can be left with a responsible adult at their home or business.
• Service by Mail – In some cases, service can be completed via certified mail.
• Service by Publication – If the defendant cannot be located, the court may allow service through a newspaper publication.

A Boston constable or process server ensures service follows Massachusetts laws to prevent legal challenges.

Step 4: Provide Proof of Service

After serving the documents, the process server must complete a Return of Service or Affidavit of Service as proof that the defendant was served correctly. This document is then filed with the court.

Common Challenges in Serving a Summons and Complaint

1. Defendants Avoiding Service

Some defendants actively avoid being served, making the process difficult. A skilled process server uses skip-tracing techniques to locate individuals who are difficult to find. In cases where the defendant is evasive, a court may allow service through alternative methods such as publication.

2. Incorrect Service Leading to Case Dismissal

If a summons and complaint are not served correctly under Massachusetts law, the court may dismiss the case. Hiring a professional Massachusetts constable or process server ensures compliance with legal procedures.

3. Tight Deadlines for Service

Under the Massachusetts Rules of Civil Procedure, plaintiffs must serve a summons and complaint within 90 days of filing. Missing this deadline could result in case delays or dismissal.

Why Professional Service of Process Matters

Hiring a licensed Massachusetts constable or process server is essential for legal compliance. Here’s why:

✔ Avoids Case Dismissal – Improper service can result in delays or case dismissal.
✔ Ensures Legal Compliance – Following Massachusetts service of process laws avoids legal challenges.
✔ Faster Service – Professional process servers ensure prompt delivery and proper documentation.
✔ Locates Hard-to-Find Defendants – Skip-tracing services help locate evasive individuals.

At Colon Constable Services, we offer efficient, accurate, and legally compliant service of process in Massachusetts to ensure your case proceeds smoothly.

Common Questions About Serving a Summons and Complaint in Massachusetts

What happens if the defendant avoids service?

If a defendant tries to evade service, a Massachusetts process server or constable can use professional techniques to complete the delivery. If necessary, service by publication may be approved by the court.

How long does a plaintiff have to serve a summons and complaint in Massachusetts?

According to Massachusetts Rules of Civil Procedure, a plaintiff must serve the defendant within 90 days of filing the complaint.

What if the defendant refuses to accept the documents?

The process server can leave the summons and complaint with them or at their residence/business. The defendant cannot legally refuse service by declining to take the papers.

Do you provide rush service for summons and complaints?

✔ Yes! Colon Constable Services offers same-day and rush process serving in Boston and throughout Massachusetts.

Real-World Example: How Professional Process Serving Made a Difference

A Boston law firm needed a summons and complaint served within 24 hours for a time-sensitive lawsuit. The defendant had a history of evading service. Our team used advanced skip-tracing techniques and located the individual at an alternate address. The summons and complaint were successfully served within the required timeframe, preventing a costly case delay for the client.

Need a Massachusetts Constable or Process Server? Contact Us Today!

If you need to serve a summons and complaint in Massachusetts, trust Colon Constable Services for professional, reliable, and legally compliant service. We handle all types of legal document delivery across Boston and surrounding areas.

✔ Experienced in Massachusetts legal process serving
✔ Fast and reliable service
✔ Available for rush and same-day service

📞 617-586-5482
📧 [email protected]om
🌎 ColonConstableServices.com

Don’t risk improper service—hire the experts to ensure your case moves forward without delays!

Legal Disclaimer

We are not attorneys and do not provide legal advice. This content is for informational purposes only. Please consult with an attorney for legal guidance.