Initial service on the defendant should be by certified mail, return receipt requested, with a second copy sent to the same address by regular first class mail.
Commentary
The Massachusetts Rules of Civil Procedure regarding service of process are not applicable to small claims. In-state defendants should be served by certified mail. The return receipt, signed by the defendant or by one acting in his or her behalf, will serve as proof of service. Certified mail notice is sufficient even if the certified mail is unclaimed or refused by the defendant, provided that the separate first class mail notice is not returned to the court undelivered. Uniform Small Claims Rule 3 (a).
If the plaintiff indicates that the defendant has more than one address, the court should mail additional photocopies of the front and back of the Statement of Small Claim and Notice of Trial to each of the defendant's addresses at no additional cost to the plaintiff.
If the plaintiff is not satisfied with the certified-mail method of serving notice and requests another method, he or she may obtain initial service of notice by a deputy sheriff or constable, although this option is entirely at the plaintiff’s expense. The constable or deputy sheriff should serve one of the two defendant’s copies of the Statement of Small Claim and Notice of Trial, upon the defendant, and return the second copy to the court with his or her return of service. If "last and usual" constable service is made, the constable or deputy sheriff must obtain a photocopy of the notice to be mailed to the defendant in order to comply with G.L. c. 223, s. 31. If served by constable or sheriff, the defendant should receive the notice at least fourteen days before trial to enable him or her to prepare for the case.
In cases where the defendant is a corporation or trust, notice should be delivered to an appropriate officer, agent, or trustee. If service is mistakenly made on an officer personally when service on a corporation or trust was intended, the plaintiff should be permitted to amend the notice by naming or adding the intended entity. If the defendant has appeared in court despite the initial inaccurate notice, further service should not ordinarily be required, but the defendant should, if necessary, have the benefit of a continuance. If the defendant has not appeared, the court should order the amended claim to be served again.