Submitted by MA_Process Server on Sun, 05/31/2009 - 00:25
Posted in
I was wondering if a Disinterested Process Server can "legally" have the Commonwealth of Massachusetts Seal/Coat of Arms on their badges? I'v been looking for the law that states weather or weather not a "Disinterested Process Server" that is certified through a company can legally have it but, cannot find the law.
Constables are bonded only for a town/city and they can use the Seal/Coat of Arms. Dis. Process Servers, whom provide the same civil process services as a constable, can serve statewide, however.
If there is a law on that, can someone please let me know?
Thanks You,
Dan
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Editor's Response
Interesting question. I do not have any solid information on this issue, but I have read that only full-time state employees are permitted to use the seal.
A "disinterested process server"
Case law dictates that a process server, whether or not a disinterested person or bonded constable, must meet the following criteria in order to serve court process in Massachusetts:
(1) a disinterested process server must follow all applicable court rules
(2) a process server must be able to pass a background check. In other words, a process server cannot have any felony convictions or have been found guilty of any serious misdemeanor. A convicted person acting as a process server can get into legal trouble.
(3) a disinterested process server cannot have a badge bearing the Great Seal of the Commonwealth of Massachusetts unless if the process server is a public officer.
(4) a constable or a Sheriff's deputy is authorized to display the Commonwealth's Seal because they are public officers.
I should also mention that a process server is a credible person who serves court process. There are people who claim to be "process servers" when in reality they're simply a "courier/meesenger" service.
For example, a real "court process server" is authorized by law to serve subpoenas, summonses, pleadings, and other writs, while a "courier/messenger service" can only serve demand letters, bad check notices, and all other non-court-related papers.
A real "court process server" is a respected member of the judicial system who is credible, trustworthy and honest in serving court process.
Hope this answered your question.
Kind Regards,
Mass_Attorney