In case your company is facing a legal notice, you are most likely to come across a document that is commonly referred to as an affidavit of service. It is a legal document that serves as proof of having received documents from the opposing party. These documents are common in court proceedings and help prevent the opposition from delaying court proceedings by pretending that they have not received the legal documents.
An affidavit of service refers to a sworn legal paper. It announces that the server has fulfilled his obligation to deliver the particular papers to the individual, business, or company as per the request of the party involved in the lawsuit. Whenever the affidavit of service is supplied to a collective, namely a group of people, a club, a company, or an association, it is addressed to the registered agent of the group.
The affidavit of service is usually prepared by a process server and can be acquired from the court as well as several different online sources. The affidavit of service tends to contain the below-mentioned information:
Once signed and served, the process server notarizes and submits the affidavit with the court along with a copy of the documents that were served.
In the event of personal service, the affidavit of service is signed by a server or process server. Personal service means that the individual or legal entity is hand-delivered the copy of the complaint filed, accompanied by the court summons;
On the contrary, in case it is a service by publication, that is, when the complaint notice is published in the newspaper, an employee working for the newspaper signs the affidavit of service.
In case of service by mail, the individual who sends the documents signs the affidavit of service. In some cases, it is allowed for the attorney or the party that files the papers to merely add a statement referred to as the certificate of service. In this instance, the certificate of service does not have to be notarized.
The individual who is responsible for delivering the affidavit of service is usually called the process server. Such an individual could either be a law enforcement officer or they could also be privately hired. A process server can be anyone who:
Hiring a server is a crucial aspect and must be therefore done after thoroughly researching their background and reliability.
As soon as the process server files the relevant court documents, they become responsible for filing the affidavit of service with the local court in your state or county. This enables them to get confirmation on the proper service of the process. If this process is not handled with utmost care or is not done at all, the court proceedings face the risk of getting challenged or even dismissed for improper service of process.
Likewise, if it is proved that the affidavit of service form is fraudulent, your case might get dismissed. Even the process server runs the risk of getting subjected to a civil case for forging court documents, which is a serious criminal offense.
An affidavit of service comes to the rescue when you have to supply the proof of delivering legal documents required for court proceedings. The majority of the courts require the parties involved in a lawsuit to possess proof of service every time the relevant court documents are sent to the opposite party.
The affidavit of service is required in the following court proceedings:
The affidavit of service is required in being able to prove that the above-mentioned documents have been delivered at the behest of the court. Even if the court does not demand it, you can use it to prove that the information has been delivered to the opposing party.
signing affidavit of service
The affidavit of service is a powerful legal tool that is utilized in almost every civil court and is deemed necessary by the law. This affidavit can prove to be instrumental in proving the delivery of important documents to the opposite party in many different lawsuits like the following:
Following the filing of the complaint, the affidavit of service is a necessary element of all court proceedings. The next vital step is to hire a process server or you can even hire the server appointed by the court or suggested by your attorney.
There can be severe consequences to having an incomplete affidavit of service or not having an affidavit of service at all as it is unlawful. The inability to prove that the required documents were sent to the opposition can cause:
There can be major financial and legal consequences if you fail to supply the proof of documents being delivered, as required by the court. In extreme cases, the contempt of the court can even lead to imprisonment. It is thus quite important to deal with the matters of court with the utmost discretion.
Legal matters always make people nervous. You find yourself surrounded by a sea of questions especially when it comes to court documents. Drafting an affidavit might seem like a complicated task too, but it can be made easy if you keep a few simple tips in mind. Keep the following points in mind for drafting an effective affidavit of service:
My name is (Full name) ………………………………………………… I live in (Municipality &Province) ………………………………………………and I swear/affirm that the following is true:
1. I served (Full name of the organization/person) ………………………., on (Date)……………., at (Address)…………………………………………….. with (Name of the document(s) served) …………………………………………….
2. I served the document(s) referred to in paragraph one by the following method: ……………………………………………………. (leaving the copy with the person/office).
Service (at the place of residence/ registered mail/ by courier/ by fax) ……………………………………………
Sworn/Affirmed before me at (Municipality)……………………………………………….. in (province/ state/ country) …………………………………… on (Date) …………………………..
I am over 18 years of age and not a party to this action. On (Date) ………………………… I served (Full name of the organization/person) ………………………………………… at (Address) ………………………………………….. The (Name of the document(s) served) ……………………………………..in this proceeding, by mailing a true copy of the attached papers, enclosed and properly sealed in a postpaid envelope. I deposited it in an official depository under the exclusive care and custody of the (Name of the Postal Services) ………………………………………….. addressed to (Name) ………………………………………………… at (Address) ……………………………………………………………………………….. Signature: ………………………………………………….
Sworn to before me this ………………………………………day of (Date)……………………………………………
Notary Public or Court Employee (Name of Process server) ……………………………………………..
1.Person serving documents (Full name) ………………………………………………………
3. Date the documents were served …………………………
6. How was the person served identified? …………………………………………………………
I swear/ affirm that the facts stated out above are true.
Sworn / Affirmed by the deponent at (address) ………………………………. on (date) ………./………../…………..
Signature of deponent ………………………………..
Full name of witness: ……………………………….
Qualification of witness: ……………………………….
I served (name of the party/person served) ………………………………………………. on (date) ………………………………………… at (the address where service took place) ……………………………………………………………………………………….. with (documents served) ………………………………………………………………… by (how the service took place) …………………………………………………………………..
Signature (person who served the document(s) …………………………………………………
The undersigned being duly sworn attests and says:
(Name of the person serving papers) ………………………………………… is not a party to the action and is over (name of the person serving papers) 18 years of age. He/she resides at (complete address of person serving papers) ………………………………………………………………………………………. On (date of service) …………………………………………………………, the deponent served the within (name of document[s] served) …………………………………………………………………………………………upon (name of the person/corporation served) ………………………………………………………………………………………………………….. located at (the complete address where other party/corporation served) ………………………………………………………………………………………………………………………………………………………
(Select method of service)
o Personal Service: by delivering a copy of the aforementioned documents personally; the deponent knew said person/corporation so served to be the person/corporation described.
o Service by Mail: by depositing a copy of the aforementioned documents, in postpaid mail. The documents were in a properly addressed envelope in a post office or official depository under the exclusive care and custody of (Name of Postal Service) ………………………………………………………………………..
Signature of person serving papers ………………………………………………………….
Sworn to before me this day of (date) …………………………………………
Hopefully our detailed guide on “what is affidavit of service?” has answered all of your doubts, making legal matters a little bit easier to understand. Like any other court matter, having proof of delivering relevant information or documents is vital and can shift the verdict in your favor. Moreover, it is important to know that there are court rules and laws that are made to elucidate the details regarding how service must be made. They also clarify the type of documents that can be filed in order to substantiate proper service. If you still decide not to hire an attorney to guide you through the process, you must educate yourself completely on the laws that specifically apply to your case.
