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14 day notice to quit expires today at 3.56pm. Can I start a summary process today?

Amherst, MA |

Can the sheriff deliver summary process summons today? Today is Monday so if the Sheriff delivers today I can have an entry date next Monday.

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Attorney answers 3

Best Answer

I suggest you tread very carefully. The time of day does not matter. It is the number of days and the day of service doesn't count as one of the 14 days. If you cut it too close, you run the risk of getting your entire case dismissed for a failure to follow the rules in which case you would need to start over again, wasting a lot of time and money. You should also be aware that the time starts from the date the tenant actually receives the NTQ, so if you have anything less than in-hand service, you run the risk that the tenant did not actually receive the notice on the very first day. I suggest that you contact an attorney to ensure you are strictly adhering to the rules, or at the very least, that you err on the side of caution in moving foward.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


NO - for all of the excellent reasons stated by my colleague....

Best wishes to you.

No attorney-client relatonship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.


The statute is pretty clear. Also experience shows that when you try to cut the time to the bare minimum, mistakes happen and you end up loosing time, not gaining it.

As annoying as a tenant not paying can be, it is worth it to be conservative and remember that the judge will likely be more concerned about the person who is loosing their home, than the person who is loosing a month's rent.