Advantage to using a constable versus a sheriff
There are a few differences between the Sheriffs and Constables. The most significant is jurisdiction. They (Sheriffs) have authority in the county, Constables have authority in the Cities and Towns that they are appointed or elected in. The next biggest difference is the Ad Danumn amount. Sheriffs do not have a limit amount a case may be worth to serve.
That being said, there are many documents that can be served where jurisdiction is not an issue. Constables usually serve these documents as a process server when they do not have Constable Authority. Some examples:
In many cases, the Ad Danumn cap can be lifted by a rule 4c motion as well.
Why is it cheaper to use a Constable?
As a Constable, we generally operate out of our homes, no additional rent to pay. We dont wear fancy uniforms that cost hundreds of dollars. We don't get fancy county owned vehicles and a new paint job with the change of the sheriff. We don't have an office staff that gets a government paycheck and benefits. We don't get county-owned IPads with cellular access to the office's computer network. We travel shorter distances and have less expenses. We are local, we care about our communities and we pay 25% of our fees back to the communities we are appointed or elected in. Sheriffs pay 25% to the state treasurer, money the communities will never see.
In the picture above, you will notice the form underneath the stickers is a Housing Court Summons and Complaint. The sheriff's office charged the landlord $108.62. This is for service on the two adults living there plus the anonymous "all other occupants" (service of each person $20). The landlord hasn't been receiving rent, so $108.62 is a fair amount of cash. My charge to the landlord for serving the exact same process: $45.00. That's more than half off what he paid the sheriff.
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That being said, there are many documents that can be served where jurisdiction is not an issue. Constables usually serve these documents as a process server when they do not have Constable Authority. Some examples:
- Family / Probate Court - Most cases can be served as a Constable acting as a process server. In certain types of Child Support Warrants, a Constable has STATEWIDE Constable Authority and can make an arrest.
- Housing Court - Notice to Quits can be served STATEWIDE as a disinterested person / Process Server. A simple rule 4c motion will allow a special process server to serve a Summary Process (Eviction) Summons and Complaint. Most evictions and post judgment work can also be done with the same Rule 4c motion.
- Subpoenas - STATEWIDE as a disinterested person / process server.
- Federal Documents - STATEWIDE as a process server
- Notices and Documents of any type - STATEWIDE as disinterested person / process server.
In many cases, the Ad Danumn cap can be lifted by a rule 4c motion as well.
Why is it cheaper to use a Constable?
As a Constable, we generally operate out of our homes, no additional rent to pay. We dont wear fancy uniforms that cost hundreds of dollars. We don't get fancy county owned vehicles and a new paint job with the change of the sheriff. We don't have an office staff that gets a government paycheck and benefits. We don't get county-owned IPads with cellular access to the office's computer network. We travel shorter distances and have less expenses. We are local, we care about our communities and we pay 25% of our fees back to the communities we are appointed or elected in. Sheriffs pay 25% to the state treasurer, money the communities will never see.
In the picture above, you will notice the form underneath the stickers is a Housing Court Summons and Complaint. The sheriff's office charged the landlord $108.62. This is for service on the two adults living there plus the anonymous "all other occupants" (service of each person $20). The landlord hasn't been receiving rent, so $108.62 is a fair amount of cash. My charge to the landlord for serving the exact same process: $45.00. That's more than half off what he paid the sheriff.
Call today to see how you can save