Fillable Form Affidavit of Service

What is an Affidavit of Service?

An Affidavit of Service, also known as Proof of Service or Return of Service, is a sworn legal document given and notarized by process servers after successfully serving papers on a person, organization, or company as requested by a party to a lawsuit. It must specify who is being served as well as the time, date, and place of service. Once completed, the affidavit should be submitted to the court, along with a copy of the documents served.

It is a form of affidavit that refers to legal papers filed to a court as part of a legal procedure. When one party involved in a case files it with the court, that party is legally required to serve a copy to the opposing party. It will be used to prove that the document was served to the opposing party.

An Affidavit of Service includes the following information:

• The name of the person served.
• The date, time, and place of the service.
• A description of the document or documents served
• The name and signature of the process server.
• Information about the case, such as the names of the plaintiffs and defendants in the lawsuit, as well as the case number.
• The court in which the action is filed.
• Evidence that a party has administered oaths and received confirmation.

How to fill out an Affidavit of Service?

Here is a detailed guide on how to fill out the Affidavit of Service template:

State of

Enter your state.

County of

Enter your county.

Item 1

Enter your name.

Item 2

Enter your address.

Item 3

This section confirms that you are not a party to this action.

Item 4

This section confirms that you are over 18 years of age.

Item 5

This section confirms that you are not related to the parties in this action by way of blood, adoption, marriage, or employment.

Item 6

In this section, enter the following information:

• The date of service.
• The type of service done.
• The name of the recipient of the service.
• The address or the location where it is served.
• The county and the state.

Item 7

In this section, enter the following information that describes the recipient. This information is optional to fill out:

• Age of the recipient
• Gender of the recipient
• Race of the recipient
• Height of the recipient
• Weight of the recipient
• Hair color of the recipient

Item 8

Mark the appropriate box to determine how you completed the service. You may select:

• Delivering a true copy of the aforesaid documents personally; I knew said party so served to be the party described.
• Depositing a true copy of the aforesaid documents in a postpaid properly addressed envelope at a postal office or official depository under the exclusive care and custody of the United States Postal Service.

Signature of the Process Server

Affix the signature of the Process Server.

Printed Name

Enter your name in printed form.

Notary Acknowledgement

State of

This section includes the state where the document was notarized.

County of

This section includes the county where the document was notarized.

Date Acknowledged

This section includes the date when the document was notarized.

Name of person requesting the document to be notarized

This section includes the name of the person requesting the document to be notarized.

Signature

Affix the signature of the person who requested the document to be notarized.

Notary Public

Enter the name of the notary public.

My Commission Expires

Enter the date the notary public’s commission will expire.

Frequently Asked Questions About an Affidavit of Service

Where to get an Affidavit of Service?

An Affidavit of Service is generally a court form that may be obtained from your local court. Affidavit of Service templates are also available online. For your convenience, an Affidavit of Service template that you can electronically fill out is available on PDFRun.

Who signs an Affidavit of Service?

For personal service, it is signed by a process server or the individual who delivers the documents. A process server is usually a member of law enforcement, although they can also be private process servers.

For service by publication, an employee of the newspaper or any publication is in charge of signing the affidavit.

For service by mail, the person who mails it signs the affidavit of service. It may sometimes be allowed for the party or attorney to file the document, including a statement known as a certificate of service.

When is an Affidavit of Service commonly used?

The Affidavit of Service is used to confirm that papers were delivered to the opposing party. It is utilized in almost every civil court case and is required commonly by law in some lawsuits, including but not limited to:

• Personal Injury
• Divorce
• Medical Malpractice
• Bankruptcy
• Real Estate Issues
• Professional Misconduct
• Fraud
• Libel or Slander
• Business Issues

Why is an Affidavit of Service important?

If there is no Affidavit of Service and the person in charge fails to prove service of documents as required by law, it may result in the dismissal of the case and postponement of the proceedings.

In that situation, a process server might face a civil complaint and criminal charges for forgery of court papers. It might also include a prison term. As a result, parties must ensure that they select reputable and trustworthy process servers.

When is an Affidavit of Service needed?

The Affidavit of Service is necessary whenever confirmation of delivery of court documents is required by law. Most courts demand proof of service whenever legal documents relating to legal proceedings are submitted to another party.

The Affidavit of Service is necessary to prove the delivery of these documents:

• Summon — A call to appear in court.
• Complaint — A document submitted by a plaintiff that describes the damage they have suffered as a result of the defendant's acts.
• Answer — A document produced by the defendant in response to the plaintiff's allegations.
• Cross Complaint — A document submitted by a defendant claiming injury suffered as a result of the plaintiff's activities.
• Divorce Papers — The documents outlining a spouse's purpose to divorce, as well as the supporting papers
• Foreclosure Notifications — The papers filed by a lender notifying the mortgage holder that they are in default and that the lender is evicting them from the property.
• Motions — The actions that a party requests the judge to take, for example, a motion to dismiss

Even though it is not required, the Affidavit of Service can be used to verify that you have provided information to the other party.

What should be included in an Affidavit of Service?

An affidavit of service is a document that is used to provide proof that a particular document or notice was served on a particular individual or entity. This document can be used in a variety of legal proceedings, including civil and criminal cases.

An affidavit of service must include specific information, including the name of the person who served the document and the date on which it was served. The document must also include a description of the person or entity who was served, as well as a description of the document or notice that was served.

In detail, here are the important parts of an affidavit of service and their descriptions:

• Sender's Details — The name and contact information of the person who served the document.
• Date — The date on which the document was served.
• Recipient's Details — The name and contact information of the person or entity who was served.
• Description of Service — A detailed description of how and where the document was served.
• Signature/Affidavit — The signature of the person who swore or affirmed that this is true and correct.

How do I write an affidavit?

You can write your own affidavit of service by following these steps:

1. Download the affidavit of service form from the court's website, or get a blank form from your local law library.
2. Complete the form by providing your name, address, and contact information; the defendant's name, address, and contact information; the date and time of service; and a brief description of the service.
3. Have the form notarized by a notary public.
4. File the form with the court.
5. Serve a copy of the form to the defendant.

If you need help completing the affidavit of service form, or if you have any other questions about the service of process, talk to an attorney.

The court should have forms you can use to submit an affidavit of service, but if they don't, a form is just a piece of paper that has information typed or written on it in a specific way. You'll need to provide the same basic information that's required for a court-provided form:

• Your name and contact information;
• The defendant's name and contact information;
• The date and time you provided service on the defendant; and
• A brief description of how you served the defendant — For example: “I handed the summons and complaint to [the defendant] at [his or her] residence on [date] at approximately [time].”

How do you challenge an affidavit of service?

To challenge an affidavit of service, the original proponent of the affidavit must file an affidavit disputing service. An affidavit is ordinarily filed for this purpose by the person who originally attempted to effect service. The new proponent may rely on the same proof of service that was presented earlier unless it has been shown to be defective or false.

Protest affidavits are also used to refute allegations of improper service. Improper service can occur when the process server fails to follow the necessary legal procedures, such as serving the defendant personally or serving the document at the defendant's place of business. If improper service is alleged, the defendant must file a protest affidavit.

An affidavit of denial may be filed if the defendant wishes to contest the allegations in the protest affidavit. This affidavit denies that the defendant was properly served and states the reasons why service should be ruled invalid. The denial affidavit must be based on personal knowledge or must set forth facts that would be admissible in evidence.

Once all of the affidavits have been filed, the court will hold a hearing to determine the validity of service. The party who filed the protest affidavit has the burden of proof and must present evidence that shows that service was not proper. If the court finds that service was improper, then it will set aside the judgment and order a new trial.

If you have been served with a document that you believe is invalid, you should speak to an experienced attorney to discuss your options. An attorney can help you file the necessary affidavits and protect your rights in court.

How long does it take to make an affidavit?

Making an affidavit can take some time, so it is important to start the process as soon as possible. The first step is to gather all of the information you will need to complete the affidavit. This includes your name, date of birth, Social Security number, and the name and contact information for the person you are making the affidavit for. You will also need to know the facts of the case, which you will need to write out in detail.

The next step is to find the right form. The affidavit must be in writing, and it must be notarized. You can find a notary public at your local bank or at the courthouse. Complete the form and make sure to include all of the information you gathered, and sign it.

After you finish the affidavit, you will need to take it to the court clerk where your case is being heard for submission with documents related to the case. You can also send an e-mail or fax a copy of the affidavit if this is allowed by your state's rules on affidavits. If all goes well, you will receive a letter or e-mail confirming that the affidavit has been received.

How do I show proof of service?

To show proof of service, you can submit a number of different types of documents to the court. The most common document is the proof of service form, which is officially called a Proof of Service by Mail or Personal Delivery form. You can get this form from the court clerk's office or from the website of your state's judiciary.

You'll need to fill out all of the requested information on this form. Most states will have you list down the date that you served the respondent with papers, along with what kind of service it was (such as personal or by mail).

If possible, attach an affidavit to your proof of service form. An affidavit is a statement made under oath stating that all of the information you provided is true and correct. This will provide proof that the respondent was served with documents.

What is the purpose of an affidavit?

An affidavit serves several purposes. It is a written testimony of facts that are sworn to be true. It may be used to support an application for a search warrant or to initiate criminal proceedings against the wrongdoer. An affidavit also can be used to initiate civil litigation, or it may serve as evidence in a trial. To successfully prosecute the claim, complete proof must exist that substantiates the affiant's statements.

What are some important guidelines when writing an affidavit in the US?

Most states have laws that dictate what must be included in an affidavit. Generally, it must include the name of the affiant, the date of the statement, and a list of facts that support the allegation. The statement must be made under oath before a notary public or other authorized individual. The signature of the affiant must also be included, but it is not necessary for him to sign in front of a notary public.

The affidavit must be written in clear language that not only contains facts about what happened but also states why they are true. An accusation without any supporting information is called conclusory. This type of statement lacks evidentiary value.

The affidavit is usually submitted in conjunction with other forms of evidence, especially when an individual files a criminal complaint against another person. Affidavits are also used to obtain search warrants, which require that law enforcement officials swear to their authenticity before they can be used as evidence in most courts. Affidavits serve the same purpose as an arrest warrant, which is also an affidavit that is signed by a judge.

An affidavit must be complete and concise to be effective. It should state the relevant facts and include any supporting documentation. The affidavit must also be accurate and truthful. Any false statements made in the document can result in criminal prosecution for perjury.

What is a plaintiff’s affidavit?

A plaintiff's affidavit is a sworn statement made by a plaintiff in a civil suit. It is used to support the plaintiff's case and to provide evidence to the court. The affidavit must be notarized, meaning it must be signed in front of a notary public who will verify that the signature is authentic.

An affidavit can include information about the plaintiff's personal history, the facts of the case, and any other evidence that supports the plaintiff's claim. It is important to include as much information as possible in order to make a strong case.

A plaintiff's affidavit can be an important tool in a civil suit. It can help to provide evidence to the court and support the plaintiff's case. If you are preparing an affidavit for your civil suit, you should be sure to include as much information as possible. This will make it easier to prove your case and win a civil suit.

Can an affidavit be made on plain paper?

An affidavit can be made on plain paper. It must be clear and legible, with a handwritten signature. Nevertheless, to avoid any problems, it is recommended to type an affidavit. Doing so can protect you in case the document is ever questioned and you have to prove its authenticity.

What's the difference between an affidavit and a deposition?

An affidavit is written under oath while a deposition is an oral testimony under oath. A deposition can be used in court while an affidavit is a written document, not a spoken one. Deposition can be used in court while an affidavit cannot. An affidavit must only be submitted to support a legal case while a deposition can stand on its own and doesn't need other supporting documents. If you are sued or involved in any kind of legal procedure, make sure to retain the services of an experienced divorce lawyer, it could make all the difference in your case.

Despite their differences, the two are often confused with each other because both processes involve some kind of sworn statement about a fact or circumstance that is relevant to a legal matter.

A deposition is taken under oath while an affidavit is not. A deposition provides information that can be used in court while an affidavit provides information that is meant to support a legal case.

Written statements are never admissible as evidence unless made under oath by someone who has "Personal knowledge", which means the person must have first-hand, direct knowledge of the matter about which they are testifying. If it's not written or spoken, there is no such thing as hearsay evidence.

The bottom line is that an affidavit should only be used if it will help to strengthen your case. If you are unsure whether or not an affidavit will help, it's best to speak with an experienced lawyer before proceeding.

What is proof of service?

Proof of service is a document that proves that a person or entity has been properly noticed of a legal proceeding. It can be used as evidence in court to show that the defendant was given notice of the case and had an opportunity to respond. Proof of service is usually created by submitting an affidavit sworn before a notary public, which states the time, date, and manner in which the defendant was served.

What are the ways to serve someone?

There are a number of ways to serve someone with legal proceedings, and the method used will depend on the jurisdiction in which the case is taking place. Generally, service can be accomplished by personal delivery, mail, publication, or posting. In some cases, service may also be made through electronic means such as email or fax.

The most common methods of service are:

• Personal delivery
• Mail
• Publication
• Posting
• Electronic (email, fax)

Service by personal delivery is performed when the plaintiff meets with the defendant in person and hands over the summons and complaint to be served. This is generally considered to be the most effective means of service, but it can also be the most difficult. If the defendant is evasive or refuses to accept service, then the plaintiff may have difficulty completing service.

To serve someone by mail, a copy of the summons and complaint is mailed to the defendant's residence via certified mail with a return receipt requested. The return receipt must then be filed with the court and constitutes proof of service. However, if the certified mail is returned unclaimed or undeliverable, then service cannot be established via this method.

Service by publication involves publishing a copy of the summons and complaint to the defendant in a newspaper designated for legal notices. Service by publication is generally allowed only when personal delivery cannot be obtained and when the defendant lives in a community where he or she would likely see such a notice.

Service by posting is performed when the plaintiff takes copies of the summons and complaint to an appropriate public place and posts them on a bulletin board designated for this purpose. Like service by publication, it is generally allowed only if personal delivery cannot be obtained and when the defendant lives in a community where he or she would likely see such a notice.

Electronic service, or service by fax or email, is generally used when the defendant is located outside of the jurisdiction. The summons and complaint must be sent to the defendant's electronic address, and a proof of service must be filed with the court once it has been delivered.

What happens if you don’t file proof of service?

If you do not file proof of service, your case will not go forward and you will be at a significant disadvantage when you do finally bring your case to the judge. Here is how it goes:

If your petition or complaint is served, then you must make sure that the papers are formally "served." This means that the papers (petition, summons, order for protection) must be delivered to the respondent by someone other than yourself. The person who delivers the papers must complete an affidavit of service, which is a sworn statement that states when and how the papers were served. If you do not file proof of service, your case will not go forward and you will be at a significant disadvantage when you do finally bring your case to the judge.

If you are a petitioner, and the respondent is not served with the papers, your case will be dismissed. If you are a respondent, and the petitioner is not served with the papers, the court will still hear your case, but you may be at a disadvantage if there is no proof that the other party was served.

Here are some things that will help ensure that your papers are served properly:

1. If you have an adult child or friend who can serve the other party, it is often effective to have someone serve the respondent who is not part of the action. Many respondents become more agitated by seeing a familiar face at their door than they would by seeing someone they don't know.
2. Serve the other party at his or her home, work, or other places that he or she frequents. If you serve the other party where he or she does not live or work, then it will be much more difficult to prove that service was proper.
3. After being served with the papers, the respondent must be allowed a reasonable amount of time to respond. In most cases, a county sheriff will deliver papers for a fee.

If you are concerned about how your case is proceeding and whether or not the other party has been properly served with all of the necessary documents, you should seek legal counsel immediately. If you do not have an attorney, your local legal aid office may be able to provide you with some assistance.

Related Articles:

• Understanding Your Affidavit of Service
• Affidavits of Service: What Your Process Server Should be Including
• Serving the Dependant