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Affidavit of Service






When to use Affidavit of Service

When one party initiates a lawsuit, that party is required by law to serve any others directly named in the action through a formalized legal service process. The other parties named in the suit generally do not have to respond to the suit until they are formally served. If you work as a process server, you likely understand how important it is to be able to confirm that a party named in a lawsuit was properly served. This form will help you to maintain an official record of your process serving activities as they relate to any specific case. If you need to serve someone with papers, having your process server fill out this documentation will allow you to present evidence of formal service if you need to prove to the court that the other parties to your legal action now have appropriate notice of your suit.

Overview

An affidavit of service serves as a sworn statement of your activities. When you properly serve one party or another, you can use this form to record that activity in a legal capacity. Similarly, if you need to serve others, having your process server fill out this record will help you provide important information to the court in the event that the other parties to your claim deny that they have been served or simply do not respond to the notice. When sworn to and notarized, this record can serve as evidence of service in the event that such evidence becomes necessary.
Take care to fill out one notice per service, even if a single suit has more than one defendant. Each party served will need a separate record of service for clear recordkeeping purposes.

Alternative Names

Proof of Service
Declaration of Service
Affidavit for Service of Process
Service Affidavit