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City might deliver message to constables
By Michelle Muellenberg / Daily News Staff
Tuesday, July 26, 2005

MARLBOROUGH -- Spurred by the fact the city collected only $140 in constable fees last year, Ward 3 City Councilor Scott Schafer last night asked that officials find a way to ensure the peace officers are complying with state law.

The Finance Committee, working with the city comptroller and auditor, will review the request.

"I want something in place to make sure we are (collecting the fees)," Schafer said.

While not all constables charge a fee, those who serve lawsuits and other civil service documents do.

According to state law, the constables must pay 25 percent of the fees collected to the municipality.

Schafer discovered the minimal amount of constable fees collected when studying the city's monthly report in February.

"When I looked at constables, there was virtually nothing in there," he said.

After doing an audit, the city found that only two of the 36 constables had reported. Schafer said he wants something in place to make sure the constables know and follow the state law.

"It may be that constables don't know about it," he said.
 

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True, most Constables have no clue that mandatory fees went up 2 years ago and the legislature snuck thru a 25% tax to the town/city to be paid each month in the budget 2 years ago. There probably aren't more than 200 Constables total in all of the 3 organizations in-state . . . they did notify their members (provided that the members read their meeting notices). The state did NOTHING to notify the town/city Treasurers (our Town Treasurer knew nothing about it until I filed my first report with him)or the Constables (the state doesn't even know who we are).

I know that I am the only Constable (of 5) in my town that reports monthly. I'm also aware that this is typical of most towns.

BTW, what other profession do you know about where 25% of what you make gets paid to the town off the top, then you also pay income taxes on everything that you make? This was something pushed by the Gov (no new taxes, only increased fees) and the Essex County Sheriffs Dept (they have a full time paid lobbyist) to help kill off the Constables (and many did retire when the law changed).

Now the interesting thing is that Process Servers do NOT have to pay anything to the towns/cities and anyone over 18 can do this with no licensing, no bonding, no background check. When we serve papers in towns where we are not appointed as a Constable, we are actually doing the work as a Process Server. I just got back a few hours ago after serving two Summons & Complaints for a FL court in Franklin and I get to keep all the money! :twisted:

I know that we are universally hated here, I'm used to it . . . I served as a Special PO for 18 years and many of the FT POs only liked us when we could work a shift so that they could get time off or when we took the dirty details that they didn't want. . . the rest of the time they spent dis'g us. Not everyone can be a Trooper and universally loved! :lol:
 

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BTW, I'm all for the towns/cities notifying all Constables about the law. It will be nice to level the playing field. If I have to pay, I've asked our Selectmen why they still appoint those that do not pay or file reports. I get no answer from our esteemed Selectmen. Meanwhile they are appointing law enforcement officers who are breaking the law! :?
 

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There was a big issue about this in my town. Finally i got the city to send out letters about the fees. Where i am i have to give the city 20% of the overage charge. So it a state fee is $30 for a paper service and i charge $40 I have to give the city 20% of the extra $10.
 

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FRPDConstable";p="70195 said:
There was a big issue about this in my town. Finally i got the city to send out letters about the fees. Where i am i have to give the city 20% of the overage charge. So it a state fee is $30 for a paper service and i charge $40 I have to give the city 20% of the extra $10.
That's not how the law states it. If the fee is $30, you charge $30 and pay $7.50 (25%) to the town. Many towns have made up their own "fee" structure which are totally out of whack with the law. Cambridge DEMANDS the fees even if our client never pays us! Luckily, I'm not a Constable in Cambridge or I would tell them where to stuff their demand (and not get re-appointed, for sure).
 

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LenS";p="69965 said:
I know that we are universally hated here, I'm used to it . . . I served as a Special PO for 18 years Not everyone can be a Trooper and universally loved! :lol:
Len!!!!!!

I still luv ya! You old defender-of-the second-amendment dog YOU!!!!!!
:wink:
 

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ok what I am loving is the fact that we have to pay the 25% to the cities for where we are appointed. What I love even more is the courts are refusing our service on capias' and executions and they dont ever issue a 4c. Talk about Sheriff Department favortism and corruption wonder whos pockets are getting stuffed for the Sheriffs office in Middlesex only being able to serve. What I love even more is for the few 4c issues I have gotton when I stop at the police station and identify myself and my intentions to do within said city I get torn a new ***hole for stopping in there saying there not there to help me and if they get a call for anything they will not hesitate in arresting me for disturbing the peace.
 

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EMT764911";p="70271 said:
when I stop at the police station and identify myself and my intentions to do within said city I get torn a new ***hole for stopping in there saying there not there to help me and if they get a call for anything they will not hesitate in arresting me for disturbing the peace.
Don't let em get to you. Just smile and clearly annunciate "thank you for your professional demeanor officer" NEVER, NEVER let them know they bother you with their poor attitude. Besides, every once in a while you must meet someone in blue who doesn't crap on you.
:wink:
 

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EMT764911";p="70271 said:
ok what I am loving is the fact that we have to pay the 25% to the cities for where we are appointed. What I love even more is the courts are refusing our service on capias' and executions and they dont ever issue a 4c. Talk about Sheriff Department favortism and corruption wonder whos pockets are getting stuffed for the Sheriffs office in Middlesex only being able to serve. What I love even more is for the few 4c issues I have gotton when I stop at the police station and identify myself and my intentions to do within said city I get torn a new ***hole for stopping in there saying there not there to help me and if they get a call for anything they will not hesitate in arresting me for disturbing the peace.
It sounds like the law is being followed. I believe a 4C is to be issued only if the sheriff is unable to serve the process. If the plaintiff does not prove this, the motion should not be allowed.
 
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