An affidavit of service or proof of service affidavit, is a legal notarized document signed and provided by process servers after they have served documents to an individual or legal entity detailing the date, time, identity of the person served, manner of service and other details of the job. This proves that documents have been delivered in case the defendant claims to not have been notified of pending legal action.
THERE ARE TWO TYPES OF AFFIDAVIT OF SERVICE:
Personal service. When an individual, business or some type of entity is hand-delivered a copy of the complaint, a summons that notifies the defendant what must be done to reply is also delivered.
Service by publication. When a notice of the complaint approved by a judge is published in a newspaper after a personal service is not effective because the defendant cannot be located.
Note: the court must confirm proper service of process. If the process in not done correctly or proven fraudulent the proceedings have the potential to be challenged or dismissed due to improper service of process.
All affidavits must be officially notarized in order to be considered valid.
The example below is not an official document. Official affidavit of service can be found by visiting local courts or court websites.
Case _______ Court ___________ County ________________ Job ________________
Received by _________________________ For ________________________
To Be Serced Upon ___________________________________________________
I certify that I served _______________________. I served them at ___:___, (Time)
on ____/____/_____ at ______________________________________. I served them with a copy of the documents checked below, which were previously filed with the court.
Check all that apply:
___ Writ of Summons
___ Domestic Case Information Report
___ Show Cause Order and Petition
___ Financial Statement
___ Other (list of all other documents served):
MANNER OF SERVICE
I completed the delivery, or service, in the following manner (select one):
___I personally handed the documents to the ___ plaintiff ___defendant, whose name is ________________________________.
___I left the papers with _________________________, who lives at the above-listed
address and is of suitable age and discretion and whose relationship to the person served is ________________________________ .
The above-listed address is the ___ plaintiff’s ___ defendant’s residence or usual place of abode.
Description of person served: Sex ___ Race _______ Age (approx) ____Weight (approx) ____ Height (approx) _____
I, ________________________,being duly sworn,depose and say I am over the age of ___ years and not a party to this action, and that within the boundaries of the state where service was effected, I was authorized by law to make service of the documents and informed said person of the contents herein.
Process Server Name _______________________ Date ___/___/____
Process Server Company _____________________
SWORN TO and subscribed before me this day of _____________, 20____ .
Notary Public's Signature
Notary Public's Printed Name
My Commission Expires _________________