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Bill > H2279


MA H2279

MA H2279
Relative to the improvement of the service of process


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

For legislation to improve the service of process by constables. The Judiciary.

AI Summary

This bill proposes to amend Section 92 of Chapter 41 of the General Laws, which outlines the duties of constables regarding the service of civil processes. The key change is to replace the existing section with a new one that clarifies the conditions under which a constable can serve legal documents. Specifically, a constable must have provided a bond, a form of financial guarantee, to the town for at least one thousand dollars, with sureties (individuals who guarantee the bond) approved by the selectmen (local government officials). This bond is to ensure the constable faithfully carries out their duties in serving all civil processes given to them. Once this bond is filed with the town clerk, with the selectmen's approval noted on it, the constable is authorized to serve writs or other legal processes within their town for personal actions, replevin (a legal action to recover property), and any process related to Chapter 239, which typically deals with summary process or evictions.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

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