Archive for May, 2012

The Role of Massachusetts Constables in Small Claims

Tuesday, May 8th, 2012

The process of filing Small Claims is not an intricate one and is made even more comfortable with the help of the Mass Constables. They provide reliable services to the plaintiffs and courts for efficient deliveries of important legal documents. The Massachusetts Constables of Massachusetts Constable Service can deliver legal documents anywhere within the US.

With the help of the Mass constables Small Claim sessions of the court become much more convenient and easy. What are Small Claim sessions? These are the cases filed in court which you cannot resolve on your own or even with the help of the Attorney General Office. These claims must have two characteristics to be declared eligible for small claims.
1. Situations that involve a monetary sum of $2000 or less
2. Monetary damages that are caused by motor vehicles
Small claims sessions are economical and less formal than usual court hearings. The representation regulations for the Small Claims sessions are flexible as you are allowed to represent yourself or nominate anyone who does or doesn’t have a law degree. If you are under age then your parent or guardian can represent you. All the legal documents of the case are served or delivered by the Mass Constables.

The Filing Process

First you need to go to the Clerk’s Office in the courthouse.

There you will fill out the Statement of Claim and Notice. It will contain details of you and the defendant. You can get the defendant’s information from the Secretary of the Commonwealth Office. If you are suing a business organization then you can get the legal information from city hall. This form, like all other legal documents, is delivered by the Massachusetts Constable
to the party that is being served.

Then you formally declare the reason for filing the case. This will require you to explain , in detail, the events that led to the issue of small claims. The defendant will also receive a copy of this document.

The Filing Fee

A filing fee has to be paid to the court. The fee depends on the worth of the claim. It is $15.00 for claims under $500 and $19 for claims over $500. After this you will be given a date for the trail which will also be served to the defendant party by the constable service.

Remember that you will be asked to present your case which means you must be coherent and subtle about your side of things. The defendant will get to speak after you. You must not interrupt while the defendant is talking.

Once both the sides have presented their cases the Clerk-Magistrate will take the case into consideration and present judgment over a period of approximately one week. The defendant during this period may try to settle the claim. These settlements can be made a part of the court proceeding to make them more formal and official.

The Mass Constables will then deliver to you and the defendant the Notice of Judgment and order form, which is the formal decision of the court.

So it can be seen, how the role of the Mass Constables helps to expedite the filing of a small claims action in Massachusetts and choosing a reliable constable service is important.

The Role of a Massachusetts Constable Service

Tuesday, May 1st, 2012

The Massachusetts Constable Service is the perfect intermediary between the law and the masses. They help to not only enforce the law but also to arrest the law violators. They are preferred by judges and other law enforcement elements for their core competencies that are a blend of extensive knowledge of the civil law and the training that they undergo. The Mass Constables help people with legal paperwork such as serving legal documents that include court dates, eviction notices and legal letters etc. That is why the importance of Massachusetts Constables cannot be overlooked.

Role of the Constable Service for enforcing the law cannot be denied because to have the rule of law and its writ to be followed by the masses it is necessary that there is a strong law enforcement. This is imperative as without any consequences for the violation and breach of the law there is bound to be chaos and disorder. This is why many states in the United States elect constables that assist in effective civil rule and arrest violators. The State of Massachusetts is also among those states that elect and in some cases appoint constables that generally oversee the civil rule of law and help in making arrests.

The constables of Massachusetts Constable Service Civil Process Office are meticulously selected and are inducted after a rigorous regime of physical training. They are also equipped with a complete knowledge of the Civil Processes and rights. This is to ensure that these Mass constables become an effective and efficient force when it comes to civil processes. This is the fundamental reason why many judges prefer to work with constables because of their extensive knowledge about the criminal and civil law.

What to expect from the Constable Service

Anyone who needs help in legal paperwork such as, eviction notices, court dates etc. can get the help of Massachusetts Constable Service. If you have any ambiguity regarding the service, serving of papers or legal procedures you can call the offices of the Massachusetts Constables. They will provide you with every legal help.

The Services

The Massachusetts Constables serves the paper to the person to be served by using the following ways

  • By serving the papers in hand
  • By using the “last and usual” technique, which means they leave the documents at the last known address of the person to be served and then do their follow up.

The Mass constables give you full information and keep you updated about the serving process. After serving the papers to the right person or at the right address the Massachusetts constables notify you by typing in a “return of service” which is in fact a formal letter or affidavit that will be sent along with the original document. This helps to secure the documents, as they are filed, for the court proceedings and simultaneously a copy will be sent to both the attorney and the plaintiff. The Constable Service is extremely efficient in serving the papers promptly within the defined rules.

The Delivery Fee

You are required to submit a fee for every delivery. The amount to be submitted depends on:

  • The kind of service being availed
  • Number of people being served and
  • The town of delivery

The Massachusetts Constable Service has access to all the cities and towns in the United States and can easily, without any serious obstacle, provide you with their service.