Legal Question in Landlord & Tenant Law in Massachusetts

Small claims notice hand delivered to my work, is this legal??

I was needless to say, surprised to get a small claims notice from my former landlord to begin with.

We agreed to mutually end tenancy due to several issues concerning the apartment. Now he apparently changed his mind and is suing me.

My question is, he did not send the small claims notice to my home address, he had it hand delivered by a sheriff to my work address.

This seems ridiculous to me, and I highly question the morality of it, but is it legal to do so??

Thanks


Asked on 10/24/08, 7:31 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Small claims notice hand delivered to my work, is this legal??

Under normal circumstances, the clerk would have served you with a copy of the Notice of Small Claim at your home address via first-class mail. This is the procedure prescribed by the rules.

The fact that you are getting served by a sheriff makes me think this is not a small claims action, but an action on the regular District Court civil docket.

Although it is overkill, personal service by a sheriff is permitted under Rule 4 of the Massachusetts Rules of Civil Procedure.

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Answered on 10/24/08, 9:27 am


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