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

$75.00 for the Minimum 48-Hour Notice to be drafted and served.

$275.00 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 role of the Constable is to serve the court's order to enter and take possession of the premises, keep the peace, and return said premises to the Plaintiff in a secure manner.

Residential evictions require a minimum of at least 48 hours' notice to be given to the Defendant(s)/Tenant(s) This office will draft and serve said notice once we have received all appropriate information and scheduled a mutually agreeable eviction date.

Saturday, Sunday, and holidays cannot be counted towards the time given in said notice. The court must be open when the eviction starts.

Commercial evictions do not require notice to be given, however, may be given at the request of the Plaintiff/Attorney or as defined in the lease.

If you have prior knowledge that the tenant(s) will not be on-site on the day of eviction, you should attempt to: 

• Get in writing, a release from the tenant deeming anything left on the premises as trash to be discarded by the owner
• Get a valid phone number and new address for the tenant
• If the tenant is not present and there is no release deeming items as trash, then any items left on the premises must be taken to the warehouse unless clearly rubbish/broken/soiled or stained. Food cannot be stored

If the tenant is present the same release should be signed for items left after the eviction.

Entering the Premises

No person shall enter the premises before the scheduled date and time of the eviction. Upon entering, the Constable shall enter before anyone to ensure a safe environment. After the Constable has deemed the premises safe, entry will be permitted.

Please also note that the constable may be wearing a camera for his/her safety and to document what transpires during the process. You should not say anything that you wouldn't want a judge or jury to hear. 

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

To do an eviction in a city or town where the Constable is not specifically appointed or elected, permission must be granted by the court. A 4c motion is also required when the money damages exceedes $7000.00. A Rule 4c motion is and administrative procedure. It is just a motion to grant us permission. In many cases we can obtain the 4c approval on our own. 

Central Housing Court: Very easily obtained. The court knows us and generally knows what we are looking for when we show up. Many times they have the stamp ready when they see us.

Western Housing Court: a little different here. Obtaining a 4c for the summons is easy, just a simple email to the clerk's office. Evictions on the other hand are required to be approved by a judge. it has been my experience it is much easier to have the attorney file a 4c with the court, as I often get no response for these from the clerks offfice. You will have to have your attorney file this motion.

There is a particular Judge in Western Housing Court that will not grant 4c motions without a lot of convincing that there is no other options. In the end, it may not be possible to obtain one from this court.

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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