What is an Affidavit of Service?

• January 24, 2020
• by ServeNow.com Staff

An Affidavit of Service - also known as a Proof of Service or Return of Service - is an important document provided by process servers after they have successfully served documents to someone. This affidavit is a notarized testimony signed by the server that details the time, date, manner of service, identity of the person served and other details of the job. If a party in the case claims to not have been notified of pending legal action, the Affidavit of Service can be presented to prove otherwise.

Create Affidavits with ServeManager

ServeManager is the only tool a process server needs to run their business. ServeManager’s affidavit editor allows users to easily create affidavits that can be printed, emailed, or saved for later. It’s quick and easy to edit new and previously saved affidavits.

Start a free trial account to test drive ServeManager’s affidavit editor.

Even if the process server isn’t able to serve the person, the affidavit can be used to prove due diligence. Using an Affidavit of Due Diligence, the server can show that he or she made a number of attempts and can detail the reasons why service of process was not possible. This Affidavit of Due Diligence shows that you made every effort to notify the other party or parties of pending legal proceedings.

What is in an affidavit of service?

The information included in a proof of service typically includes:

• The time of service
• The date of service
• The manner of service
• The identity of defendant
• List of papers served
• Any other pertinent job details

Filing an Affidavit of Service

Once a process server serves the relevant legal documents, it is then their responsibility to file the affidavit form with the local court in order to confirm proper service of process. If this is not done or done incorrectly, the proceedings have the potential to be challenged or dismissed completely due to improper service of process. Similarly, if the affidavit of service form is proven fraudulent, the case may be dismissed and the process server subject to a civil suit for forgery of court documents, which is a criminal offense.

Sample Affidavit of Service

Download Sample Affidavit (PDF)

How to Get an Affidavit

There are a variety of sources where you can get an affidavit form depending on the intended purpose of the form in question. Official paperwork can be found by visiting local courts or sometimes court websites. Affidavit templates can also be found online and on websites like ServeManager. Remember that, in order to be considered valid, affidavits must be officially notarized.

Creating a Return of Service

Experienced process server Bret Bateman shares tips on creating a professional affidavit of service. He covers what needs to be included in an affidavit, who to send it to, where to find a template, and how to create one within ServeManager.