Hi! Thank you for choosing us to assist you in your eviction matter. We would like to take a few moments to review and obtain some information to make this matter more efficient. It should only take a few minutes and should be painless.

The Constable is NOT an attorney and cannot provide any legal advice to any party involved in the matter. Do not consider anything listed in this form as legal advice. If you need legal advice, you should seek counsel with an attorney well versed in the subject of your question. 

It is the policy of this Constable's office:

The Constable's presence is to ensure the safety of all persons involved at the scene and enforce the eviction proceedings as per the court order.

What the Court orders us to do:

POSSESSION JUDGMENT: WE COMMAND YOU, therefore, to deliver said premises to the Judgment-Creditor(s) in accordance with the requirements of G.L c. 235, § 23 and G.L c. 239, § 3, to cause the Judgment-Creditor(s) to have possession of the premises shown above without delay.

That is: 

1. the constable makes entry
2. the constable returns the rental unit to the owner

Constables do not assist in the handling, moving, transportation, or storage of a tenant's property.

The Constable may stop the eviction if a tenant is found to be living at the residence and is not on the court paperwork.

All cost incurred for the moving and storage of a tenant's property is the responsibility of the landlord. Reimbursement for all costs incurred by the landlord may be pursued through appropriate court proceedings.

Procedural stuff:

You must hire a licensed, bonded moving company in order that they may accompany the Constable to the eviction. A list of bonded movers and eviction warehouses can be found on the state's website, www.mass.gov (search for Public Warehouse Evictions). We are glad to recommend a mover.

Complete this form. Be sure to upload the execution and electronically sign the form.
After submitting the form, you will receive an invoice by email (after we enter you in our database, not immediately). You may pay online through our secure servers. Credit Cards and bank debit cards are accepted.

We will contact a moving company of your choosing (Must be licensed and bonded by the state for evictions). If you do not prefer a moving company, please select "NO PREFERENCE" on the form below where it asks for the moving company. We will find the earliest available that works with our schedule.

Once the eviction has been scheduled, a "Minimum 48-Hour Notice to Tenants Prior to Eviction" will be served. This notice shall include the date and time of the eviction as well as the moving company's name, address, and phone number.

On the date and time of the eviction, you or your representative shall meet us at your property to allow us entry. At this time, you or your representative will have the opportunity to change the locks and/or secure your property.

RATES

$100.00 for the Minimum 48-Hour Notice to be drafted and served.

$250.00 for the first 4 hours at the eviction. 

= $350.00

Please note that your initial payment of $350.00 is for the first four (4) hours of the eviction. In the event the constable is on-site for more than four hours additional time will be charged at $50.00 per hour.

Once the Minimum 48-Hour notice has been served, the $350.00 fee is non-refundable. The 48-hour notice is only valid for the day indicated on the form. There are no delays, no standing-by, or rescheduling. Any changes start a new eviction and new fees.

Please understand that we may have other jobs that we had to rearrange to accommodate the eviction. Even if the court stops the eviction, the fee is still not refundable. We recommend that you mention to the court during any hearings to "stay" (stop) the eviction that there is a $350 cancellation fee.

Please note the moving companies may have cancellation policies also. Be sure to ask them what there's is.

(Most evictions take less than 4 hours)

General Information

The Constable's role is to enforce the court's order: taking possession of the property, maintaining peace, and returning the premises securely to the Plaintiff.

Residential Evictions: A minimum of 48 hours' notice must be given to the tenant(s). Our office will draft and serve this notice once the eviction date is mutually scheduled. Note that Saturdays, Sundays, and holidays are not included in the notice period, and the court must be open when the eviction begins.

Commercial Evictions: Notice is not required, but it can be given if requested by the Plaintiff/Attorney or if specified in the lease.

📦 Handling Tenant Property When Absent
If you know the tenant(s) will not be present on the day of eviction, you should take the following steps to manage their personal property:

Attempt to Obtain a Release: Get a written release from the tenant stating that any property left behind is considered trash and can be discarded by the owner.
Gather Contact Information: Secure a valid phone number and new address for the tenant.
If the Tenant is Absent and No Release is Obtained:

Any items left on the premises must be transported to the public warehouse.
Exceptions are items that are clearly rubbish, broken, soiled, or stained.
Food cannot be stored.

If the Tenant is Present:

A written release, identical to the one above, should be signed for any items they leave behind after the eviction is complete.

Entering the Premises

Do not enter the property before the scheduled eviction time and date. The Constable will enter first to secure the environment. Entry will be permitted only after the Constable confirms the premises are safe.

The Constable may wear a body camera for safety and documentation. Please be advised that anything you say may be recorded and used in court.

In many cases, tenants may be allowed to stay during the eviction to assist in determining items to be taken. Reasons that the tenant(s) may not be allowed to stay during the eviction are:

• Plaintiff does not wish them to be there
• The tenant is uncooperative
• The tenant is under the influence of alcohol or drugs
• The Constable feels that the Tenant staying may pose a threat to the safety of any person, including themselves.

It may not be a good idea to cancel a moving company unless you are 100% sure that there is nothing left on the premise to be moved. If there are items that cannot be deemed as trash, it may cost additional moving fees to have the movers come after canceling. Make sure you contact a reputable Locksmith or knowledgeable person able to change the locks. Many cases are prolonged due to inexperienced or unprepared handymen and may result in additional fees.

Please also note that the moving companies do not leave the apartment broom-swept. There will be trash left behind. 

📑 Rule 4c Motions Summary
The Rule 4c Motion is an administrative procedure required for eviction permission in two cases:

The Constable is not specifically appointed/elected in the city/town.
The money damages exceed $7,000.00.
Our office can often secure this approval ourselves.

🏛️ Court Differences
Central Housing Court: Approval is very easily obtained due to the court's familiarity with our office.
Western Housing Court:

Summons Approval is easy (simple email to the clerk's office).
Eviction Approval requires a judge. It is often easier to have your attorney file this motion.
Note: One particular judge is reluctant to grant these motions, making approval difficult, or in some cases, impossible.

STOPPING THE EVICTION

It is not our intention or plans to stop an eviction, but there are some instances in which we may be forced to stop the eviction. If when we make an entry and discover that:

 + there are adults living there that are not on the execution.

 + there is an Haz-Mat or dangerous condition

 + there is a crime scene

 + some legal process prevents us from continuing

 + paperwork error

If a forcible entry was made and the eviction must be stopped, you must repair any damage and return possession back to the tenants.

The fee is not refundable in these conditions.

Change in Law

In 2020 the Peace Officers Standardized Testing (POST) law was voted into law. This act required reform in the law enforcement community, including the Constables. As a result, a Constable no longer has powers of arrest unless he or she is POST certified. The state has yet to produce the regulations to become POST-certified as a Constable. 

Therefore, a Constable can no longer arrest someone for Trespassing (when they refuse to leave) or if they become violent. In many communities, the police will not assist the constable because the crime was not committed in their presence, or the matter is "civil".

If the person is known to be violent, a police detail will be required at the Plaintiff's expense. A Detail Officer is required to be scheduled in advance. Don't call on the day of the eviction and expect one to be available. 

If the eviction is stopped because of the tenant's behavior and there is no detail officer present, there will be no refund of the eviction fees.

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