Affidavit of Service Forms (Free Templates)

In the legal world, various important documents must be taken seriously, lest you might find yourself on the bad side of the law. One such document is the affidavit of service.

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What Is an Affidavit of Service?

When an entity files a lawsuit against another entity the prior entity is required to send a copy to the other one and this action is service after which an affidavit is filled. Essentially, an affidavit of service is a Return of Service or Proof of Service.

An affidavit of service is a legal document used by process servers to show that they have served documents to someone.

This document provides all the details of the service including the date, time, manner of service, and the description of the person served amongst other details. The document is notarized and if there is a claim that a person wasn’t served, the affidavit of service will be produced in the court of law to prove otherwise.

Purpose of an Affidavit of Service

In the courts of law, it is a requirement that a party provides the other party with the documents that have been filed in the court. Sometimes, the other party may claim that it did not receive the served documents. This is when an affidavit of service is used to prove that the documents were served.

The main and prime purpose of an affidavit of service is to provide proof that the service was done.

Sometimes the process server may be unable to serve the other party because of a lack of cooperation by the party. In such cases, an affidavit of service is written by the process server to show that numerous attempts have been made to serve the person and explain the details why it was not possible.

Contents of Service Affidavit

For an affidavit of service to be accepted by the courts of law, some contents must be present. The things that should not miss in the affidavit of service are given below;

Name of person served

In the affidavit of service, first of all, you must write the name of the person whom the service is being provided on the document.

Date of service

The date when the service was provided to the person should be written on the affidavit. You must include the date, month, and year.

Additional information of service

In this part of the affidavit, all the other essential information regarding the service made is provided which includes the time, exact place, and the manner of service like was it hand delivered etc.

Documents list

It includes list all the documents that have been served on the said date and time to the person indicated above.

Sign of process server

A signature and name of the process server is provided in this section of affidavit of service.

Other details

Any other relevant details of the job, which might be needed by the court of law to explain how the service was done should be provided in the affidavit.

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How to Get Service Affidavit ?

There are multiple sources from where one can get an affidavit depending on the needs and purpose .One can get an affidavit from local courts and court websites .must remember that only a notarized affidavit is considered valid

Who Files an Affidavit of Service?

It is the process server who files the affidavit of service with the court of law. The process server is tasked to do so immediately after serving the defendant to confirm that the service process has been completed. It is important to note that a case might be dismissed if the filing is not done or not done properly. Similarly, a case may be dismissed if there is evidence that the affidavit of service is fraudulent. A further civil suit of forgery shall follow the process server.

Signing of the Affidavit of Service

Another important part of the affidavit of service is the signing. It is important to know who should sign the document before its filing.

If the done service was personal, then the process server should sign the affidavit of service. A process server can either be a law enforcement officer or a private process server.

If the service did was publication service in a newspaper, then an employee of the newspaper company signs the affidavit of publication.

In case the done service is by mail, then the person mailing the documents should sign the affidavit of service. It is also possible for the attorney or the party filing the document to include a statement of affidavit of service.

Types of Service

There are several ways a service can be made. If the service is for a complaint, then there are two ways the plaintiff must serve the defendant.

These ways are;

Personal service

This type of service is when the process server hand-delivers the legal documents to an individual or a legal entity. Amongst the documents handed to the defendant are summons that provides direction for what must be done to reply to the lawsuit.

Service by publication

This is when the process server issues the notice of complaint using a publication in the newspaper. This option requires the approval of the judge and is only used if the defendant cannot be located. In this case, the process server will not file an affidavit of service but rather an affidavit of publication.

How is Service Made?

Both the federal and state laws are responsible for directing process servers how service must be made. If your case is in a state court, the state laws of services will apply; and similarly for federal courts. However, there are common procedures based on whether it is a case of an individual or a business entity.

The procedure of both cases are below;

In the case of an individual

In the case of an individual, the type of service used must be personal. In such a case, the process server locates the individual that is being sued. The individual can be found at their residence, place of work, or any other place. If the process server cannot find the individual at their residence or place of work, or any other place, then the legal documents may be handed to a responsible family member of a minimum age as provided by the state.

In the case of a business entity

If a business entity is being sued, the legal documents are delivered personally to the entity’s registered agent. However, the law also allows the process server to serve a manager of the company, officer of a corporation, or a partner (in case of a partnership).

When serving a trust, the service is done to a trustee or a registered agent.

Download Free Templates

The legal system is the strictest arms of governments. If you don’t write the affidavit of service form well, then your case can be dismissed immediately and begin w whole new process of rebuilding the case.

Therefore, you can simply download free templates of the affidavit of service form. This way, you will rest assured that you will meet the demands of the local court.

Affidavit of Service Form Template 01

Affidavit of Service Form Template 02

Affidavit of Service Form Template 03

Affidavit of Service Form Template 04

Affidavit of Service Form Template 05

Affidavit of Service Form Template 06

Affidavit of Service Form Template 07

Affidavit of Service Form Template 08

Affidavit of Service Form Template 09

Affidavit of Service Form Template 10

Affidavit of Service Form Template 11

    Frequently Asked Questions

    What happens if you don’t accept served papers?

    Well, there is no law that will jail you for this. The process server will just leave but the case will continue. Therefore, it is your loss not to accept served papers.

    Is avoiding being served illegal?

    No, it is not illegal to avoid being served. It will only mean that you will drag the case further.

    Conclusion

    It is important to understand the process of serving the defendant. Once you understand this process, service will be easy and you will be on the right side of the law. Read this guide keenly and download the free affidavit of service form templates to guide you so that you don’t lose a case simply because you did not adhere to the procedure of service.

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