Civil Process Service Agreement

This Civil Process Service Agreement (the “Agreement”) governs every assignment accepted by Middlesex Notary Co LLC d/b/a CIVIL CONSTABLE (“CIVIL CONSTABLE,” “we,” “us”) for the client identified in the service request (“Client,” “you”). It is incorporated into the Terms and Conditions and applies together with your written quote and signed service authorization (together, the “Quote”), the Payment and Billing Terms and the Refund and Cancellation Policy. Capitalized terms not defined here have the meanings given in the Terms and Conditions.

1. Order of Precedence

If the Quote conflicts with this Agreement regarding a specific Assignment, the Quote controls for that Assignment. Otherwise this Agreement controls over the Terms and Conditions with respect to the performance of an Assignment.

2. Scope of Services

2.1 CIVIL CONSTABLE will deliver and serve the documents you provide, make and document the service attempts described in the Quote, and prepare the return of service, affidavit of service or report of attempts that the Assignment requires (the “Services”).

2.2 The Services do not include legal advice; preparing, reviewing or correcting pleadings or other documents; selecting forms or procedures; determining who must be served, where or how; calculating legal deadlines; filing documents with a court (unless the Quote expressly includes it); or locating a person beyond the steps described in the Quote.

3. Request, Review and Acceptance

3.1 Submitting a request is a request for review only. CIVIL CONSTABLE may decline any request.

3.2 An Assignment begins only when all of the following have occurred: (a) you have signed the service authorization; (b) CIVIL CONSTABLE has received every payment, deposit, witness fee, document and court order the Quote requires; and (c) CIVIL CONSTABLE has confirmed acceptance in writing. The status of your request in the client portal changes to “Accepted” when acceptance is confirmed.

3.3 Receipt of payment does not by itself constitute acceptance. If CIVIL CONSTABLE does not accept a request after receiving payment, the payment will be refunded in full.

4. Legal Authority and Jurisdiction

4.1 Service of process must be made by a person authorized by law. Under Massachusetts law, a constable who has given the required bond may serve writs and process in personal actions within the constable’s town, subject to dollar limits that depend on the amount of the bond (G.L. c. 41, § 92), and constables may serve demands, notices and citations by attested copy (G.L. c. 41, § 94). A court may specially appoint a person to serve process (Mass. R. Civ. P. 4(c)).

4.2 CIVIL CONSTABLE will accept an Assignment only if it, or another person lawfully authorized to perform it and approved by you, can lawfully perform the Services. CIVIL CONSTABLE does not claim unlimited authority throughout the Commonwealth.

4.3 If CIVIL CONSTABLE learns after acceptance that the Services cannot lawfully be performed as accepted, it will stop work, notify you promptly, and refund all amounts paid for Services not performed.

4.4 Unless the Quote provides otherwise, you are responsible for obtaining any court order, special appointment or other authorization the Assignment requires.

4.5 Assignments outside the Commonwealth of Massachusetts, or that require the procedures of another jurisdiction, are accepted only if the Quote expressly so provides.

5. Client Obligations

You represent, warrant and agree that:

1. Documents. The documents you provide are complete, accurate and legible, include all required exhibits and attachments, are provided in the number of copies required, and are the documents you intend to be served. CIVIL CONSTABLE serves documents as provided and does not review them for legal sufficiency.
2. Information. The names, addresses, descriptions and other identifying information you provide for each recipient, and the court, case number and deadlines, are accurate to the best of your knowledge.
3. Authority. You, or the person or entity for whom you act, are a party, an attorney of record or another person entitled to have the documents served.
4. Deadlines. You will disclose every applicable service deadline when you submit the request and allow reasonable time to perform the Services.
5. Required funds. You will provide any witness fee, mileage or other amount the law requires to accompany a document.
6. Lawful purpose. You will use the Services only for legitimate legal purposes and not to harass, intimidate or locate any person for an unlawful purpose.
7. Changes. You will notify CIVIL CONSTABLE immediately of any change in the documents, addresses, instructions, deadlines or status of the matter, including settlement or dismissal.

6. Performance of Service

6.1 CIVIL CONSTABLE will perform the Services with reasonable care and skill, in a professional manner and in accordance with applicable law.

6.2 CIVIL CONSTABLE will make the attempts described in the Quote, by the methods that applicable law and your instructions permit. Unless the Quote states otherwise, attempts are scheduled at CIVIL CONSTABLE’s reasonable discretion.

6.3 CIVIL CONSTABLE may stop, postpone or decline an attempt if proceeding would be unsafe, unlawful or likely to cause a breach of the peace, or if access is denied. CIVIL CONSTABLE does not force entry, impersonate any person or misrepresent its identity or purpose.

6.4 Additional attempts, additional addresses, waiting time, rush handling, mailing or other work outside the Quote will be performed only with your prior approval, at charges stated to you before the work is done.

6.5 An attempt is not completed service. CIVIL CONSTABLE reports every attempt accurately, including unsuccessful attempts.

7. Returns and Completion Records

7.1 When service is made, or when the attempts described in the Quote have been completed, CIVIL CONSTABLE will prepare the return of service, affidavit of service or report of attempts that the Assignment requires, signed in the form required by law and the applicable court, and deliver it by the method stated in the Quote (client portal, mail or both).

7.2 Filing the return with the court is your responsibility unless the Quote expressly includes filing.

7.3 Returns state what was done truthfully. CIVIL CONSTABLE will not state that service occurred when it did not, or alter a return to suit a deadline. A constable’s return of service of demands, notices and citations is prima facie evidence of the service (G.L. c. 41, § 94); it is not conclusive.

8. No Guarantee of Outcome

CIVIL CONSTABLE does not guarantee that any recipient will be located, will accept documents or will be served; that service will be completed by any particular date; that a court will accept a return; or any legal result. Time frames stated in a Quote are estimates unless the Quote expressly designates a date as guaranteed.

9. Cancellation and Refunds

9.1 You may cancel an Assignment at any time by notice through the portal, by email or by telephone. Charges for work performed before cancellation are determined under the Refund and Cancellation Policy.

9.2 CIVIL CONSTABLE may cancel an Assignment by notice to you if (a) continuing would be unlawful or unsafe; (b) the documents or information provided are materially inaccurate or incomplete and are not corrected after notice; or (c) a required payment is not made when due. CIVIL CONSTABLE will refund amounts paid for Services not performed.

10. Confidentiality

CIVIL CONSTABLE will keep the documents and case information you provide confidential and use them only to perform the Assignment and to maintain required records, except where disclosure is required by law, court rule or order, or is inherent in the Services (for example, delivering documents to the recipient or filing a return). See the Data Protection and Confidentiality Policy and the Privacy Policy.

11. Limitation of Liability

11.1 TO THE FULLEST EXTENT PERMITTED BY LAW, CIVIL CONSTABLE’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO AN ASSIGNMENT SHALL NOT EXCEED THE FEES PAID TO CIVIL CONSTABLE FOR THAT ASSIGNMENT.

11.2 TO THE FULLEST EXTENT PERMITTED BY LAW, CIVIL CONSTABLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSSES RESULTING FROM A MISSED DEADLINE OR AN ADVERSE RULING THAT IS CAUSED BY INACCURATE OR INCOMPLETE INFORMATION OR DOCUMENTS, LATE SUBMISSION, A RECIPIENT’S EVASION, OR CIRCUMSTANCES BEYOND CIVIL CONSTABLE’S REASONABLE CONTROL.

11.3 The limitations in this Section 11 do not apply to liability that cannot be limited under applicable law, including liability for gross negligence, recklessness, willful misconduct or fraud; they do not limit any right or remedy you have under G.L. c. 93A or any other consumer-protection law that cannot be waived by agreement; and they do not limit any remedy on a constable’s bond under G.L. c. 41, § 93.

12. Circumstances Beyond Our Control

CIVIL CONSTABLE is not responsible for delay or failure caused by events beyond its reasonable control, including severe weather, public emergencies, road or court closures, illness, or a recipient’s evasion or refusal of access. CIVIL CONSTABLE will notify you promptly and work with you on next steps, which may include cancellation under Section 9.

13. Independent Contractor

CIVIL CONSTABLE performs the Services as an independent service provider. Nothing in this Agreement creates an agency, partnership or employment relationship, except that CIVIL CONSTABLE acts at your request in delivering and serving the documents you provide.

14. Records

CIVIL CONSTABLE keeps records of each Assignment, including the request, Quote, authorization, attempts and returns, as described in the Privacy Policy. Copies of records relating to your Assignment are available to you on request.

15. Governing Law and Disputes

This Agreement is governed by the laws of the Commonwealth of Massachusetts. Section 16 (Governing Law and Disputes) of the Terms and Conditions applies to any dispute arising out of or relating to this Agreement or an Assignment.