What Is an Affidavit of Due Diligence?

Process servers try their hardest to find individuals, but sometimes certain individuals cannot be found. In these instances, an affidavit of due diligence is required. Read on to learn more:

An Affidavit of Due Diligence ExplainedJudge Reading Legal Documents At Desk In Courtroom

An affidavit of due diligence is submitted by a process server when they cannot locate an individual. The affidavit explains in detail all the efforts that were made to find and deliver the legal documents to the individual or entity.

Why can’t someone be found?

In most cases, process servers use a wide variety of tools to find an individual. Social media, genealogical databases, courthouse records, and driver’s license databases are just some of the many tools at their disposal. However, there is the rare case that all these resources bear no fruit. A person may not have a driver’s license or be on social media, and some records may not have the correct or updated address.

What do you do when a person cannot be found?

After the affidavit of due diligence has been submitted, several further steps can be taken. Some jurisdictions allow for “substituted service,” where the legal papers are given to a roommate or family member. Other places allow for a notice to be placed in the newspaper.

At Reliant Court Services, we offer a wide range of services including skip tracing, document retrieval, and more. Contact us today to get started.