Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 92 (2026)

Service of civil process

✓ current as of July 2026

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Section 92. A constable who has given bond to the town in a sum of not less than one thousand dollars, with sureties approved by the selectmen, conditioned for the faithful performance of his duties in the service of all civil processes committed to him, and has filed the same, with the approval of the selectmen endorsed thereon, with the town clerk, may within his town serve any writ or other process in a personal action in which the damages are not laid at a greater sum than two hundred dollars, and in replevin in which the subject matter does not exceed in value two hundred dollars, and any writ or other process under chapter two hundred and thirty-nine. A constable who has filed such a bond, in a sum of not less than five thousand dollars, may, within his town, also serve any such writ or other process in which the damages are laid at a sum not exceeding $7,000, and any process in replevin in which the subject matter does not exceed in value $7,000.

Notes of Decisions

Cited in 4 cases, 1996–2002 · leading case: K & R Robinson Enter. Ltd. v. Asian Exp. Material Supply Co., 178 F.R.D. 332 (D. Mass. 1998).

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K & R Robinson Enter. Ltd. v. Asian Exp. Material Supply Co., 178 F.R.D. 332 (D. Mass. 1998). · cites it 2× “4; Mass. Gen.Laws ch. 41, §§ 92, 94 (West 1994).”

DiDonato v. Mosher, 1996 Mass. App. Div. 135 (Mass. Dist. Ct., App. Div. 1996). “, Rule 4(c) because the constable who made the return of service lacked authority under G.L.c. 41, §92 to serve any process claiming damages in excess of $2,500.”

Ward v. McMahon, 2002 Mass. App. Div. 115 (Mass. Dist. Ct., App. Div. 2002). · cites it 2× “The defendants first affirmative defense sought dismissal of the action on the ground that service was improper because it was completed by a constable rather than a sheriff See G.L.c. 41, §92. On December 4, 2000, the defendant filed a motion to dismiss for insufficient service…”

Lawrence v. Emma, 7 Mass. L. Rptr. 606 (Mass. Super. Ct. 1997). · cites it 3× “4(c) and M.G.L.c. 41, §92. 2 To cure this service defect, the plaintiff moved on April 30, 1997 to have Constable Harris appointed as a special process server and to extend the time for service beyond the original 90-day deadline of April 21, 1997.”

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