The person delivering the papers is commonly referred to as the server or process server.
Plaintiff: the person who files the lawsuit.Civil Lawsuit: a claim filed with a court that states that one person has been harmed or otherwise suffered a loss due to the actions of another person.Jurisdiction: the court that has the authority to hear civil cases and make judgments based on the information presented.Once the affidavit is complete, it should be filed with the court, along with a copy of the served papers.Īs a reference, people often refer to an Affidavit of Service as “proof of service.”Ī simple Affidavit of Service will identify the following elements: The Affidavit of Service must identify who is being served, and the time, date, and location where service occurs. Using a Service Affidavit can prevent the opposing party from pretending they did not receive a given legal document, which could delay important court proceedings.
When the service of documents is to a group of people, for example, a club, business, or association, delivery must be made to the organization’s registered agent.Īn Affidavit of Service form is often used in lawsuits or other court proceedings when a person or other party needs to receive a legal document. Affidavit of Service Frequently Asked QuestionsĪn Affidavit of Service is a sworn legal document stating that a server delivered specified papers to a person, organization, or business as requested by a party to a lawsuit.How To Fill Out An Affidavit of Service.
Common Uses for an Affidavit of Service.Consequences of Not Having an Affidavit of Service.In a court case, the document can be presented to show that papers were delivered to the opposing party if they claim to have not received the notice. An Affidavit of Service is a document detailing the service of a notice, summons, writ, or other court processes.
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