Can you be served in mail in massachusetts
In Massachusetts, you can be served with legal documents, including court papers, through mail service, but there are some specific requirements and limitations that must be followed.
According to Massachusetts General Laws, Chapter 223, Section 2, a summons or other legal document can be served by mail if:
- The person to be served is a resident of the Commonwealth of Massachusetts.
- The person to be served has given written consent to receive service by mail.
- The document is sent by certified mail, return receipt requested, to the person's last known address.
The Massachusetts Rules of Civil Procedure (Mass. R. Civ. P.) also provide guidance on serving legal documents by mail. Rule 4(e) states that a summons or other legal document can be served by mail if:
- The person to be served is a resident of the Commonwealth of Massachusetts.
- The person to be served has given written consent to receive service by mail.
- The document is sent by certified mail, return receipt requested, to the person's last known address.
However, there are some limitations and exceptions to consider:
- If the person to be served is a minor, incompetent, or deceased, service by mail may not be appropriate.
- If the person to be served is a corporation or other business entity, service by mail may not be sufficient.
- If the person to be served is a non-resident of Massachusetts, service by mail may not be appropriate.
It's also important to note that service by mail is not always considered valid in all cases. In some situations, the court may require personal service or other forms of service, such as substituted service or publication.
If you are considering serving someone with legal documents in Massachusetts, it's recommended that you consult with an attorney or a process server who is familiar with the laws and procedures in the state.