The Massachusetts Affidavit in support of Motion for Alternate Service is a document that is used in the state of Massachusetts when a plaintiff in a civil legal case is unable to effectuate service of process on a defendant through the normal methods. This affidavit is used to provide evidence that the plaintiff attempted to locate and notify the defendant of the pending legal action, and that the normal methods of service of process were unsuccessful. This affidavit is a sworn statement that must be made by the plaintiff and filed with the court, typically with a motion for alternate service. There are two types of Massachusetts Affidavit in support of Motion for Alternate Service: an affidavit for service by publication and an affidavit for service by mail. An affidavit for service by publication is used when the plaintiff has exhausted all other means of locating the defendant. The affidavit is used to declare that the plaintiff has made a good-faith effort to locate the defendant and that service of process can be accomplished by publishing a notice in a newspaper. An affidavit for service by mail is used when the plaintiff knows the defendant’s address but is unable to effectuate service of process through the normal methods. The affidavit is used to declare that the plaintiff has attempted to notify the defendant of the pending legal action by sending the legal documents to the defendant’s address via mail.
Massachusetts Affidavit in support of Motion for Alternate Service
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FAQ
In the State of Massachusetts, the law requires two (2) witnesses to sign this document, and a notary public must observe the signatures of the witnesses and the testator. A self-proving affidavit must be attached to the last will and testament once completed.
Anyone in Massachusetts who wants to challenge either a will or the person nominated in the will to serve as executor of the estate is required to file with the court a document known as an ?affidavit of objections? that is signed under the pains and penalties of perjury.
Ask the court for an order for notice by publication: Ask the Clerk's Office at the court where your case is filed what form you should use and whether they have a sample form you can look at. This form is usually called a ?Motion for Alternative Service? or a ?Motion for Service by Publication?.
A sheriff or constable charges $35-$40. If you need to serve by publication, the newspaper will charge you to publish the summons. Newspapers in the United States charge up to $100. Newspapers outside the US charge up to $200.
If the plaintiff or the plaintiff's counsel does not have the defendant's most recent address on file, the Corporations Division will send Massachusetts Process Service to that address through registered mail.
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.
How do I serve the summons if the defendant does not live in Massachusetts? When the defendant lives out of state, serve them the same way you do as if they live in Massachusetts. Find a sheriff, constable, or other person who is not involved in your case and who works where the defendant can be found.
Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint and a summons for service to the sheriff, deputy sheriff, or special sheriff; any other person duly authorized by law; a person specifically appointed to serve them; or as otherwise provided in subdivision (c) of this rule.
