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What is an Affidavit of Service?

If you're a process server, you'll need evidence of the people or parties you've served documents to. Creating an Affidavit of Service shows that you've done your job and can even serve as evidence, for example, if a party denies they've been served.

When to use an Affidavit of Service:

  • You're a process server hired to serve court documents or other important documents to a person or organization.
  • You've hired someone to serve documents and you need a record that the job has been completed.

Sample Affidavit of Service

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AFFIDAVIT OF SERVICE BY MAIL

 

I, , the undersigned mailer, being of sound mind and under no duress, do hereby certify, attest and affirm that the following facts are true and correct, to wit:

 

1. That on , on behalf of , the undersigned personally mailed the following documents and transmitted them via United States Postal Service to wit:

 

 

at , one complete set of of the documents as described above properly enveloped and addressed to addressee(s) and address(es) as follows:

 

,

 

2. That I am at least 18 years of age.

 

3. That I am not related to the recipient(s) by way of blood, adoption, marriage or employment, but serve as a "disinterested third party" (herein server) and further,

 

4. That I am in no way connected to or involved in or with, the person and or matter at issue in this action.

 

I now affix my signature to these affirmations this ______________ date of _________________________, 20__ at , .

 

______________________________________

 

 

STATE OF ss:, ss:

 

Affidavit of Service FAQs

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  • How do I prepare an Affidavit of Service?

    Making an Affidavit of Service online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. Consider these questions beforehand to make the process speedier:

    • Which carrier did the affiant use to serve the documents?
    • What documents did the affiant serve?
    • Were the document(s) originals or copies?
    • Where will this Affidavit be signed?

    If you don't have all of the details you need, you can skip questions and save your document for later.

  • What is an Affidavit of Attempted Service?

    An Affidavit of Attempted Service indicates an individual made an effort to serve a legal document. This affidavit will include information such as who they tried to serve, what they tried to serve, and details concerning when, where, and the result of their service.

  • What does Affidavit of Non-Service mean?

    An Affidavit of Non-Service shows that an individual made a good-faith effort to serve a legal document, but was unable to serve the document.

  • What is the difference between a Certificate of Service and an Affidavit of Service?

    An Affidavit of Service is a formal sworn statement that you have either personally served or mailed specific documents to another individual. A Certificate of Service also indicates that copies of legal documents have been served, however, it can generally be found as a section at the bottom of a pleading or motion.

Affidavit of Service document preview

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