What Is an Affidavit of Service?
An affidavit of service is a sworn statement to communicate the delivery of legal paperwork. This form states how, when, and where the forms were served. Filing a completed affidavit creates evidence of service of process, which shows that someone provided notice.
While you need an affidavit of service for legal proceedings, someone else called the process server fills it out. Authorized process servers vary between states, but most allow them to be anyone over 18. They must also be US citizens and can’t be involved in the case. Check your state’s rules to ensure you follow the appropriate laws.
When to Use an Affidavit of Service
You may use an affidavit of service to confirm that the other parties in a legal proceeding received the forms. This affidavit helps with legal processes such as:
- Divorce cases: Serving a divorce petition to notify a spouse of the legal action.
- Eviction proceedings: Delivering an eviction notice to a tenant to begin the legal process.
- Child custody or support cases: Serving court orders or custody/support motions to the other parent.
- Small claims lawsuits: Delivering a summons or complaint to the defendant to begin the case.
- Foreclosure actions: Serving a foreclosure notice to inform the property owner of default.
- Civil lawsuits: Serving complaints, answers, or cross-complaints between parties.
- Motions or requests: Delivering motions for court action (like a motion to dismiss or modify orders).
- General legal proceedings: Serving official court orders issued by a judge.
Legal Templates’s affidavit of service form lets the process server indicate what type of documents they’re delivering. They can be as specific as possible, explaining what process the documents are for. This gives them the proper format to show proof of service for legal documents.
Serving Legal Papers
An affidavit of service proves that legal papers were delivered to the right person. While the affidavit itself isn’t given to the recipient, it must be filed with the court handling the case.
Delivering legal documents is different from filing them with the court, and the methods of delivery that are allowed depend on state laws and the type of legal process. Common ways to deliver documents include:
- Deliver in person: Hand deliver papers to the recipient and obtain a signature to acknowledge receipt.
- Deliver to the residence: Send papers to the recipient’s residence and leave them with a family member or roommate.
- Deliver to the workplace: Leave paperwork with the recipient or a coworker at the recipient’s workplace.
- Post or slide under the door: Post the documents on the recipient’s door or slide them under the door.
- Send by certified mail: Drop documents at the post office and request a return receipt.
- Send by standard mail: Mail legal papers to the recipient’s home using tracking or delivery confirmation.
Depending on where you live and the specific legal process, you may need a sheriff, constable, or another law enforcement officer to serve the papers. Confirm the requirements in your area to ensure compliance.
How to Fill Out an Affidavit of Service
Filling out and filing an affidavit of service with the court ensures you can prove a fair and compliant legal process. Use the following steps to fill out an effective affidavit of service.
1. Provide Process Server Information
Include the name and address of the process server delivering the papers. Check the laws in your jurisdiction to confirm that the process server meets the requirements. Using a qualified individual ensures the validity of the services and affidavit.
2. Add a Description of Service
Describe the forms and include the delivery address and date. Add specific information about the forms, such as the type, purpose, and governing state or county. List whether it’s a summons, subpoena, petition, notice, or other legal document.
3. List the Receiving Party’s Information
Note whether the receiving party is an individual or a registered entity. In either case, make sure to note the full legal name of the recipient. Verify that the recipient’s name matches the signature of the delivery confirmation.
4. Choose a Service Method
State how the notice was delivered to the recipient. You can select whether the documents were delivered personally, under the care of the USPS, or both. If papers were personally delivered, you may also describe the recipient’s physical characteristics, such as age, height, or hair color.
5. Obtain Notary Acknowledgment
Include the county and state of the registered notary acknowledging the affidavit. Notarizing the affidavit provides more validity than a certificate of service or return of process form.
Affidavit of Service Sample
View our sample for a blank affidavit of service form with the necessary information and considerations. Available to download in Word or PDF formats.
What Happens After an Affidavit of Service Is Filed?
Once the affidavit of service is filed with the court, the legal process can continue. The court uses the affidavit to confirm that the other party received the proper notification of the legal process. This step is important because legal cases usually can’t proceed until all parties have been served. After that, the court may schedule hearings and actions, depending on the type of case.
Legal Templates has an affidavit of service template for preparing valid documentation. Simply fill in the key details, and our template will guide you through the process of ensuring your form meets legal requirements.
Frequently Asked Questions
What is an affidavit of non-service?
An affidavit of non-service states that attempts to serve legal documents were unsuccessful. It includes information about the attempts and failures to prove that the server made an effort.
Does an affidavit of service need to be notarized?
In most cases, an affidavit of service must be notarized within the court’s jurisdiction. However, notarization requirements can vary depending on local and state guidelines.
What is the difference between a certificate of service and an affidavit of service?
The main difference between a certificate of service and an affidavit is that the latter holds more legal validity. An affidavit provides a sworn and notarized confirmation of service. A certificate of service works as an unsworn declaration, making it a less valid form in legal proceedings.
What happens if I don’t use an affidavit of service?
If you don’t use an affidavit of service, you may experience legal consequences such as a case dismissal or being charged with contempt of court. Other potential issues include forfeiting custody or property and delays in the court processes.
