Legal Question in Family Law in Massachusetts

Defendant hiding from Service of Contempt

Close to a month ago I sent papers from MA to be served to my ex who lives in MN. The constable tried serving him over 10 times but he refuses to answer the door. The constable knows he is home because he hears people inside talking and purposely avoid answering the door. This constable has served him in the past. My ex knows he is in extreme contempt and he thinks that avoiding service will keep him out of court. If he refuses to answer the door (and the constable obviously can't stay there 24 hours a day), what can be done? He is purposely avoiding being served. Can he just get away with it because he refuses to answer the door? This is ridiculous- just another way for a criminal to beat the system. What can be done?

I have already dealt with 2 attorneys who proved to be very inexperienced and ineffective. I need to talk to somebody who actually understands this and what can be done.

This man constantly tires to move around to avoid paying support (he owes over $30,000), he hides under his own business, and refuses to accept the courts orders.

If he refuses to answer the door and accept service, what can be done?


Asked on 12/03/08, 12:49 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Defendant hiding from Service of Contempt

A contempt action can be served "last and usual." It does not have to be served in-hand under Massachusetts rules.

Frankly, this case is not a civil case any more. You should be pushing for a criminal case. You have the right to go to the district court and request issuance of process. You will be asked to fill out some papers. A hearing before a clerk-magistrate will be scheduled. The ex will be summonsed by first-class mail, no avoiding the summons. Process then should be issued by the clerk-magistrate. The Commonwealth will then issue a warrant for his arrest. The Minnesota police will be less likely to be ignored when pounding at the door -- and they will also have his license number, and so on.

Please feel free to contact me if you have any further questions.

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Answered on 12/03/08, 6:41 am


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