Hi! Thanks for choosing us to assist with your eviction matter. Before we get started, we need to review a few quick items and collect some information to keep the process efficient. This should only take a few minutes.

Important: The Constable is not an attorney and cannot provide legal advice to any party involved. Nothing in this form should be understood or relied upon as legal advice. If you need legal advice, you must consult a qualified attorney familiar with Massachusetts housing and eviction law.

It is the policy of this Constable’s Office that the Constable’s role at an eviction is to maintain scene safety and to carry out the court’s order, nothing more.

Under the court’s possession judgment, the Constable is directed to restore possession of the premises to the Judgment-Creditor(s) without delay, in accordance with applicable Massachusetts law. In practical terms, that means the Constable makes lawful entry as required, oversees the process, and returns the unit to the owner or owner’s agent. Constables do not handle, move, transport, or store a tenant’s personal property. Those services are performed by the moving company under the landlord’s direction.

The Constable may pause or stop the eviction if an occupant is found to be residing at the premises but is not listed on the court paperwork and their status cannot be confirmed at the scene.

All costs for moving and storage are the landlord’s responsibility. Any reimbursement must be pursued through the appropriate court process.

Procedural requirements

• Moving company required: You must hire a Massachusetts-licensed and bonded moving company to attend the eviction with the Constable. The state maintains a list of approved movers and public warehouses on Mass.gov (search: “Public Warehouse Evictions”). If you’d like, we can recommend movers.
• Complete this form: Fill out this agreement in full, upload the Execution, and sign electronically.
• Invoice and payment: After you submit the form and we enter your matter into our system, you will receive an invoice by email (this is not immediate). Payment can be made online through our secure processor. Credit cards and bank debit cards are accepted.
• Mover selection: We will coordinate with the moving company you select (they must be licensed and bonded for evictions). If you have no preference, choose “NO PREFERENCE” and we will assign the earliest available mover that fits the schedule.
• 48-hour notice: Once the eviction is scheduled, we will serve the tenant(s) with the required Minimum 48-Hour Notice to Tenants Prior to Eviction, which will include the eviction date and time and the moving company’s name, address, and phone number.
• Meet at the property: On the scheduled date and time, you (or your representative) must meet us at the property to provide access. At that time, you or your representative can change the locks and secure the premises.

RATES
$100.00 – Drafting and service of the Minimum 48-Hour Notice
$250.00 – Constable time for the first four (4) hours on-site for the eviction
Total initial fee: $350.00

The $350.00 initial payment covers the first four (4) hours of the eviction. If the Constable remains on-site beyond four hours, additional time is billed at $50.00 per hour (prorated as applicable).

Once the Minimum 48-Hour Notice has been served, the $350.00 fee becomes non-refundable. The notice is valid only for the date listed on the notice. There are no delays, standby time, or rescheduling. Any change in date or execution of the eviction requires a new notice and new fees.

Please understand we may need to rearrange other scheduled work to accommodate an eviction. Even if the court stays or stops the eviction, the fee remains non-refundable. If you are requesting a stay at a hearing, we strongly recommend advising the court that a $350.00 cancellation fee applies.

Moving companies often have their own cancellation policies as well. You are responsible for confirming their policy directly.

(Most evictions are completed in under four hours.)

General Information

The Constable’s role is to carry out the court’s order by restoring possession of the property, maintaining the peace, and returning the premises securely to the Plaintiff (or the Plaintiff’s authorized representative).

Residential Evictions: Massachusetts law requires a minimum 48-hour notice to the tenant(s) before a residential eviction. Once an eviction date is mutually scheduled, our office will draft and serve the required notice. Saturdays, Sundays, and legal holidays do not count toward the notice period, and the eviction must begin when the court is open.

Commercial Evictions: A 48-hour notice is not required for commercial evictions unless it is requested by the Plaintiff/Attorney or required by the lease terms.
 
 
 

📦 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 (including snow/ice)

 + 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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