950 CMR, § 110.03 - Service On Domestic Corporation

In an action against a domestic corporation, (other than a county, city, town, parish, or religious society, or the proprietors of wharves, general fields, or real estate lying in common who are incorporated) service of legal process shall be made according to the following guidelines derived from M.G.L. c. 223, § 37:

(1) The person desiring to initiate the action, hereinafter referred to as the plaintiff, should first contact an officer authorized to serve legal process;

(2) Care should be taken to be certain that the correct corporate name is being used;

(3) If the said officer after a diligent search can find no one upon whom he can lawfully make service he shall note this on his return of process;

(4) The court to which such process is returned may, upon application of the plaintiff, issue an order of notice to the domestic corporation, directing it to appear and answer within a designated period;

(5) The plaintiff shall then deliver a copy of such order in duplicate, that is, including two copies of the summons and two copies of the complaint, to the Division;

(6) At this time a fee of $5.00 shall be paid to the Division;

(7) The Division shall forthwith send the copies by certified mail, return receipt requested, to such domestic corporation at the appropriate address on file;

(8) As soon as may be after such mailing the Division shall send a certificate of compliance to the court attaching to it either the return receipt or the undelivered copies, as the case may be;

(9) Duplicate copies of the legal process shall be kept on file in the Division for a period of at least three years.

Notes

950 CMR, § 110.03