In an action against a domestic corporation, (other than a county, city, town, parish, or religious society, or the proprietors of wharves, general fields, or real estate lying in common who are incorporated ) service of legal process shallbe made according to the following guidelines derived from M.G.L. c. 223, § 37:
- (1) The person desiring to initiate the action, hereinafter referred to as the plaintiff, should first contact an officer authorized to serve legal process;
- (2) Care should be taken to be certain that the correct corporate name is being used;
- (3) If the said officer after a diligent search can find no one upon whomhe can lawfully make service he shall note this on his return of process;
- (4) The court to which such process is returned may, upon application of the plaintiff, issue an order of notice to the domestic corporation, directing it to appear and answer within a designated period;
- (5) The plaintiff shall then deliver a copy of such order in duplicate, that is, including two copies of the summons and two copies of the complaint, to the Division;
- (6) At this time a fee of $5.00 shall be paid to the Division;
- (7) The Division shall forthwith send the copies by certified mail, return receipt requested, to such domestic corporation at the appropriate address on file;
- (8) As soon as may be after such mailing the Division shall send a certificate of compliance to the court attaching to it either the return receipt or the undelivered copies, as the case may be;
- (9) Duplicate copies of the legal process shall be kept on file in the Division for a period of at least three years.