Complaints

• Initial Complaint

  06/13/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  In the state of Massachusetts all licensed constables are "Peace Officers", and according to MGL Chapter 253 of the Acts of 2020 An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth which was signed into law on 12/31/2020, all licensed constables operating in ************* must have the Massachusetts Peace Officer ********* ********************* (POST) certification. All State Constable is breaking that law by subcontracting constables all over the state who do not have the Massachusetts POST certification. For instance Worcester constable ************************* does not have the Post certification, but the owner of All State Constable, *********************, who is aware of this law and knows that ******* as well as all the constables with he subcontracts do not have the POST certification. However, ****** still hires even though he is aware he is breaking the law. MGL Chap. 239 3 makes All State Constables responsible for the choice of warehouses in a physical eviction. In paragraph 4, All State Constables obligation is explicit, The officer shall select the public warehouse to be identified in the notice and the officer shall not select pursuant to this section, a warehouser whom the officer knows or reasonably believes to be in any violation of section 4. This is in reference, to MGL Chap. 239 4.MGL Chap, 239 4 explicitly refers to a licensed public warehouse. Southcoast Moving and Storage, in *********, ** is not operating legally. There has been a criminal report on that location. Both, as to that location, and more broadly, in other locations across the state, there is sworn evidence of illegal, in fact, criminal activity. However, and despite the fact plenty of evidence was provided to ****** to reasonably believe that Southcoast Moving and Storage is in violation of any provision of section 4, All State Constables continues to ignore and violate the law and hiring South Coast Moving and Storage.

  Business response

  06/14/2024

  Please know that this complaint arises from a years long housing court case which involves ****************** (Complainant) being evicted from her home. There has been years of litigation and numerous attempts to halt her impending eviction. In response, All State Constables has been in business almost 30 years and we pride ourselves on our work ethic as well as employing only the very best from around the state. ****************** has made several claims in regards to the constable and the moving company for her impending eviction. Constable ************************* who will be conducting the eviction is licensed and bonded as a Constable in the City of *********. Attached to this email is a list showing the approved constables taken directly from the **************** Department's website, which is public. Another claim is that ********************************* lacks the "POST" Training/Certification to perform an eviction. The POST statute specifically states the only circumstances in which it applies to a constable is in which "a constable executing an arrest for any reason." (************6E, s.1.) The Regulations define an arrest as "An actual or constructive seizure or detention of a person, performed with the intention to effect an arrest and so understood by the person detained (555 Code Mass. Regs. 2.9.02(2). Based on this statute/regulation, *********'s only require the POST training if effecting an arrest, to which this is a levy on an execution/property. If the need arises beyond the scope of that of any constable's authority, the local police are called in to assist and if needed/required, they would make an arrest as they saw fit. Therefore a POST certification is not needed nor necessary to perform a levy on a property. ****************** also claims the moving company is "not operating legally". Under ************ 239, S. 3 and 4, the warehouse must be a "licensed public warehouse", ************ 239. s. 3. and a "public warehouse licensed and bonded pursuant to section 1 of Chapter 105, located in the ************ and within a 20 miles radius of the land or tenements from which the personal property is removed. Attached to this document is the license from the ******************** of ************* given to Southcoast Moving and Storage at ************************************************************ licensing them for storage of personal property. They are also bonded which can be provided upon request. Nothing in the previously mentioned statutes forbids the use of the licensed public warehouse (Southcoast Moving and Storage) that has unadjudicated claims against it.

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