White House, TN asked in Criminal Law, Family Law, Child Custody and Child Support for Massachusetts

Q: MGL 215 Section 2; appoint someone to be a special process server with law enforcement powers?

Out of curiosity. Does MGL 215 Section 2 appoint someone to be a special process server with law enforcement powers in Massachusetts?

Someone sent me a text/ picture showing he is authorized to serve any and all process, including arrest warrants under that law and given powers “to keep the peace” when a breach of peace has been committed. But he’s not a constable, police officer or deputy.

Reading that law, I don’t understand where it says that. Any info would be appreciated. Thank you

1 Lawyer Answer
Kristen Greenwood
Kristen Greenwood
  • Criminal Law Lawyer
  • Sagamore Beach, MA

A: Although I have not seen the photograph you received, and I cannot comment on the authenticity of what you received, here is what the law that you inquired about says:

M.G.L. 215, Sec. 2 outlines Superior jurisdiction; presumption:

Probate courts shall be courts of superior and general jurisdiction with reference to all cases and matters in which they have jurisdiction, and no order, judgment, decree, sentence, warrant, writ or process made, issued or pronounced by them need set out any adjudication or circumstances with greater particularity than would be required in other courts of superior and general jurisdiction, and the like presumption shall be made in favor of proceedings of the probate courts as would be made in favor of proceedings of other courts of superior and general jurisdiction.

From the limited information I have, I would say your assumptions are correct. This section of law does not give the powers for someone to be a special civil process server or law enforcement powers in Massachusetts.

That said, I would recommend seeking professional legal assistance. Feel free to give my office a call: 508-299-3965, if you would like to discuss this further.

Best of luck.

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