When rendering service of process, an important step that needs to be completed is an affidavit of service. But what exactly is an affidavit of service, and how essential is it? Here, we explain everything you need to know so you’ll be prepared.
Defining an affidavit of service
An affidavit of service, also known as proof of service, is a sworn testimony that is signed by your process server declaring that they delivered the legal papers in question. These papers could include notices, summons, writs, and any other legal document that is pertaining to your case. The affidavit of service also includes the time, manner, and method of delivery, as well as a detailed account of how the process server performed their services and a physical description of the recipient.
What happens if the documents are undeliverable?
Sometimes, a process server is unable to deliver the necessary documents. This could be for a variety of reasons, such as having the wrong address for the recipient. In these situations, a signed affidavit of non-service is used rather than an affidavit of service. This states that the process server made a good faith attempt to perform their services and explains why it was not possible to deliver the documents.
Thankfully, you can trust the process servers here at Reliant Court Services. We are NYC DCWP licensed and bonded. To learn more about us and our services, contact us today.