Amendment #991 to H4000

Civil Process

Representatives Peterson of Grafton, Beaton of Shrewsbury, Ferguson of Holden, Smola of Warren, Curran of Springfield and Vega of Holyoke move to amend the bill by adding the following section:-

SECTION XX: Chapter 41 of the General Laws as appearing in its 2012 Edition, shall be amended by striking out Section 95A and Section 95B and by inserting the following Sections:

Section 95A. Constables appointed under sections 91, 91A, and 91B or otherwise elected to serve as constables in a city or town, and process servers appointed by Rule 4 (c) of the Massachusetts Rules of Court, shall periodically pay to the general fund 25 percent of all fees collected for the service of civil process under the fee structure established in section 8 of chapter 262. This payment shall be made in installments to be deposited with the Department of Revenue not later than January 15, April 15, July 15, and October 15 of each year, but a constable or process server having less than $500 to deposit at that time shall hold the share for deposit until the sooner of October 15 or the time when the amount due to the Department of Revenue under this section equals or exceeds $500.

Section 95B. Each constable, or process server appointed by Rule 4 (c) of the Massachusetts Rules of Court, shall annually on or before April 15 file with the Department of Revenue an account signed under the penalties of perjury of all fees and money received by him under section 8 of chapter 262 for the service of civil process. Such account shall include an itemization of all civil process fees charged by the constable's civil process office, or by the process server, all revenue received from said fees and all amounts paid by the constable or process server the to Department of Revenue on account of such civil process fees under section 95A.