Helping You Navigate The Eviction Process
Evictions can be a stressful and costly situation for landlords. Court requirements are often changing, especially post-COVID, making it confusing for the average property owner. Here at AAA Constable Service, we will guide you through every step of the process. We keep up with the new rules, additional required documents, and court Standing Orders, making sure you are serving the correct type of notices. We can explain your options and also prepare your Notice to Quits and Summonses for service. Evictions in Massachusetts are at least a 3-step process and can take months to complete, so don’t delay! Call or email us for more information.
Step 1 – Notice To Quit
There are several types of Notice to Quits that a landlord may begin the eviction process with.
Step 2 – Summary Process Summons and Complaint (SPSC)
Once your Notice to Quit has expired, and your tenant(s) have not paid or not vacated, your next step is to have the tenant(s) served with a Summons to get a court date. Once you get to this point, there are jurisdictional rules for Constables, and you can’t have just anyone serve the Summons. The Constable must be appointed to the town, or we can get an allowed Motion for Special Process Server, also called a 4(c) motion, which covers the Constable for the service. We can help you prepare the summons and 4(c) motion if needed. Our office can also handle your court filing for you. After the Summons is filed with the court and the court filing fee is paid ($135 for Housing Courts and $195 for District Courts), the court will mail out your Notice of Hearing for your 1st tier hearing with a Mediator, telling you when your court date is scheduled for. As of June 5, 2023, this 1st tier hearing notice must be served by Constable or Sheriff at least 2 weeks prior to the scheduled hearing. Depending on what happens in your 1st hearing, you may be scheduled for a 2nd hearing in front of a judge.
Step 3 – Execution for Possession/Eviction
Once the court makes a judgment in the landlord’s favor for eviction, it will issue the Execution for Possession, which is the court order that a Constable needs to proceed with a physical eviction and move out. We guide you through this process and take care of everything. Just give us the original Execution, and we take it from there. This includes preparing a minimum notice of 48 hours, serving the tenant(s), and hiring a state-approved moving company. After the Execution is satisfied, we take care of filing it back to the court and always keep your records on file. With over 30 years of experience in the field, we can make sure landlords get possession of their property quickly, professionally, and according to the law.
Bank Foreclosures
Our office has over 20 years of experience in the default industry, and we specialize in bank foreclosure evictions. Service of Notice to Quit, Summary Process Summons, Complaints and Executions for Possession is always handled quickly, professionally, and according to the laws that govern our profession. Our software in use, Process Server Toolbox, is used to keep track of your files. Each job is entered into our system and is completed and sent to you with links to your affidavits and invoices. Clients can have their own login and can pull information on any job at any time. Our constables also work with law firms and attorneys and provide court testimony if necessary. With statewide reach via a network of Constables or Motions for Special Process Servers, we can cover your foreclosure eviction anywhere in the state of Massachusetts.
14 Day Notice to Quit for Non-Payment of Rent
Evictions
You may not be eligible for a 14 day NTQ and may have to provide your tenant with a 30 day notice to quit for non-payment if your property is a “covered dwelling” under the Cares Act. Call our office to inquire, or visit this website to read the full instructions: https://www.mass.gov/doc/english-instructions-for-form-to-accompany-residential-notice-to-quit/download
After the submission is received by our office, we will contact you for payment
14-Day Notice
30 Day Notice to Quit
Evictions
30 Day Notice to Quit For Possession
After the submission is received by our office, we will contact you for payment
30-Day Notice
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Summary Process Summons and Complaint / SPSC
Please call our office or stop by if you are ready to proceed with the 2nd step in the eviction process, and we can help prepare the SPSC for you. If you already have a Summons purchased from the court and filled out, you can email, mail or drop it off for service.
Visit govhub.com/ma/housingcourt to purchase and prepare your Housing Court Summons.
Execution for Possession / Physical Eviction
If the court has issued you the “Execution for Possession”, please call our office or stop by with your paperwork. We will walk you through this final step in the eviction process and will thoroughly explain your options. Our office will handle serving your tenant(s) the appropriate paperwork, hiring a state approved moving and storage company and will quickly and safely get possession of your property back for you.