Affidavit of Service

What is an affidavit of service?

An affidavit of service is a sworn legal statement confirming that court or other important documents were properly delivered to a specific party in accordance with applicable state laws. In simple terms, an affidavit of service form proves that legal papers were served correctly. The affidavit of service meaning refers to written proof, signed under oath, that service of process has occurred.

The present template plays an important role in litigation procedures, confirming that all parties received notice before a legal action proceeds.

The main purpose of an affidavit of service form is to create an official record showing information about who, when, and where served the documents, as well as a detailed description of the documents. This is a sworn legal document, which means that all information provided in it should be true and accurate. If information given in affidavits of services is false, an affiant may face serious legal and criminal charges.

An affiant is a person who creates and signs this affidavit of service sample. The federal laws provide specific requirements for the identity of an affiant:

• at least 18 years of age (or more, depending on the age of maturity of each particular state);
• being in sound mind; and
• not being a relative or family member of a third party to whom the documents were serviced.

An affidavit of non service is a legal document opposite to the present one that simply states that the service of documents was not completed or was not successful. For example, it means when a courier was attempting to reach a recipient on numerous occasions, however no-one was present at the delivery address.

Who can use an affidavit of services?

This legal template is commonly used by:

• Lawyers, attorneys, and law firms who participate in court legal cases and need sworn legal statements confirming delivery of certain documents, including evidence;
• Landlords, who need a solid affidavit of personal service to prove that their tenants were informed on time regarding the lease renewal, termination, or eviction;
• Businesses that require a reliable legal template of an affidavit of service form in daily negotiations with their business partners.

What to include in an affidavit of service form?

Neither federal nor state laws define an affidavit of service form a party must follow. At the same time, there are a number of key elements that are vital for a final document to be complete and legally valid. Below we created for you a short list of the most important elements every affidavit of personal service template must include:

Details of Affiant

The text of an affidavit of service sample must define full details of a person who issues the affidavit, including:

• full name;
• residential address, including county and state name; and
• contact email or phone number.

Service Details

Another important pillar for every affidavit of service format is the description of the completed service, which shall include:

• type of delivery (mail, in person, or both options);
• date on which the service was completed;
• full name of a third party to whom the document was serviced;
• tracking number and the name of a delivery service (in case the delivery is performed by DHL, UPS, etc.);
• delivery address, including county and state name.

Notarization

An affidavit of service personal service must be notarized in order to become legally valid. It is not enough to put an affiant’s signature only. Notarization usually takes place in a state where an affiant currently resides. The whole notarization process is conducted in accordance with the laws of that state. For example, if we are talking about an affidavit of services New York, it means that notarization took place in the state of New York and that an affiant currently resides there.

To complete the notarization process, an affiant must perform the following additional steps:

• first, to pay a notarization fee (e.g., varies depending on the county and state);
• second, bring the original of their identification document confirming identity (e.g., passport, ID card).

How to customize an affidavit of service form at FasterDraft?

To get a fully customized legal document, follow the instructions given below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format—Affidavit of Service PDF or Word.
4. Make a payment.
5. E-sign, download, print, and use the document.