Massachusetts Motion for Process Instructions
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How to fill out Motion For Process Instructions?
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FAQ
Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.
Serving court papers on the defendant costs money. The court charges $5 for the summons they give you. A sheriff or constable charges $35-$40. If you need to serve by publication, the newspaper will charge you to publish the summons.
For successful service on a defendant who is a person, the sheriff or constable must personally hand a copy of the summons and complaint to the defendant, leave the copies at the defendant's last and usual place of abode (last known residence), or deliver the copies to an agent authorized to receive service of process ...
Whereas the statute provides a right to argue damages only in Superior Court civil actions, Rule 51(a)(2) extends the right to argue damages to all actions in trial courts governed by the Massachusetts Rules of Civil Procedure.
Common methods to avoid being served Not answering the door. Lying about their identity. Hiding in the closet until the process server leaves. Staying at a family member or friend's home.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
You can ask the court for an ?Order for Alternate Service by Publication and Mailing.? This order allows you to serve the defendant by publishing the summons in the newspaper and mailing it to a last known address. See Service by Publication and Mailing.
All civil motions shall be governed, where applicable, by Superior Court Rules 9A through 9E. Any criminal motion must be in writing and filed before being placed upon a list for hearing, unless otherwise ordered by the court, or otherwise provided for under Superior Court Rule 61.