If you or your business are involved in a court proceeding, you will likely find a document called an affidavit of service. There are several versions of this type of legal document, and it is important to understand them so that you can comply with their terms.
purpose of an affidavit of notice
An affidavit of notice is a particular type of affidavit. In general, an affidavit is a written statement made by a person who swears under oath that the statement is true. the document is signed by the person making the declaration, as well as by a notary public or other person legally authorized to administer an oath, such as certain court and government officials.
An affidavit of service, also sometimes called a proof of service affidavit, is a type of affidavit that relates to legal documents that are filed with a court as part of a legal proceeding. When one party to a lawsuit files a document with the court, that party is legally obligated to provide a copy of that document to the opposing party, an action called service to the other party. for example, when a plaintiff files the initial complaint, a copy of the complaint must be provided to the defendant. When the defendant files an answer to the complaint, a copy of the answer must be provided to the plaintiff. then an affidavit of service is presented as proof that the document was delivered to the other party.
service types
The service can be performed in several ways. For service of a lawsuit, which initiates a lawsuit, the plaintiff must serve the defendant in one of two ways:
- personalized service. It is when a natural or legal person is handed a copy of the complaint, along with a summons that notifies the defendant what he must do to answer. A legal entity, whether for-profit or not-for-profit, can be a corporation, limited liability company (LLC), some form of partnership, or a trust.
- service by publication. this is when a notice of the filing of the complaint is published in a newspaper. This option, which requires the approval of the judge, is only allowed if personal service is not effective because the defendant cannot be located. after publication, an affidavit of publication is filed, rather than an affidavit of notice.
Once the defendant receives service and files some type of answer to the complaint, both parties have their addresses and other contact information on file with the court. subsequent documents are usually sent to the other party or their attorney by mail, known as mail service.
who is served
State or federal law dictates how service must be served, depending on whether the case is in state or federal court. Typically, the following procedures are common.
A person who is being sued as an individual must be served personally. this is usually done by meeting the person at their residence, place of business or work, or any other place where the person can be reached. If the person is not present at her residence, the document can be delivered to a responsible relative of a minimum age determined by the state.
A business entity that is being sued is served personally by delivering a copy of the lawsuit to the entity’s registered agent, although serving an officer of a corporation, member or manager of an llc may also be permitted, or a partner in a partnership.
A trust may be served by delivering a copy of the demand to a trustee or registered agent, if one has been appointed.
who signs the notification affidavit
In the case of personal delivery, the affidavit is signed by a process server, or person who delivers the documents. a process server is usually a law enforcement officer, but can also be a private process server.
In the case of notice by publication, an employee of the newspaper signs the affidavit of publication.
For service by mail, the person sending the document signs the affidavit of service. it may also be allowed for the party or attorney filing the document to simply add a statement called a certificate of service. Generally, an affidavit or certificate of service by mail does not need to be notarized.
service declaration form
Typically prepared by the process server, an Affidavit of Service form is often an official court form that can be obtained from the court clerk or from various online sources. the document usually includes the following information:
- the name of the person served
- the date, time and place the person was served
- how the person was served
- a description of the document or documents notified
- the name and signature of the notifier
After the documents are served, the process server signs the affidavit, properly notarizes your signature, and files the affidavit with the court. a person who signs an affidavit containing false information may be subject to criminal penalties.
It is important to understand that there are laws and court rules that specify the details of how service must be served and what type and form of document must be submitted to verify proper service. If you decide not to hire an attorney, you should make sure you understand the laws that apply to your case.