An Affidavit of Service—also known as a Proof of Service or Declaration of Service—is a vital legal document for serving process. If you have hired a process server to track down a defendant, then you will be given an Affidavit of Service once their services are completed. Here is everything you need to know in order to understand your affidavit:
An affidavit of service is just one of the many types of affidavits. It is used to confirm that a process server has successfully served documents to a defendant or individual in question. In other words, it is legal proof that a process server did their job.
What makes up an Affidavit of Service?
When you receive your affidavit, it can be hard to make sense of it. However, most will contain all of the following information:
- The case number and name
- A list of the documents that were served
- The process server’s name, signature, and contact information
- The name of the defendant/individual who was served
- The time, date, and location of when the documents were served
- Any pertinent details about how the service was performed
- A description of the individual the documents were given to, or, if mailed, how and when the documents were sent
Filing the Affidavit
Generally, once an Affidavit of Service has been fully executed, it should then be filed with the applicable court or county clerk in the required statutory or court required time-frame.