What is an Affidavit of Service?
An affidavit of service is a form used by a party involved in a legal case or a process server to confirm that court documents have been served. After delivering the forms to the recipient in person, by mail, or by posting them on the premises of their residence, the server completes the affidavit and, if necessary, has it notarized.
What Happens after an Affidavit of Service
Once an affidavit of service has been filed (and notarized, if required), it’s used in court to show that the server has done their duty in serving court forms. Proof of service is important so that the recipient cannot deny that they received the documents and delay the case.
An affidavit of service is also known as:
- Proof of service
- Certificate of service
Sample
Download: PDF, Word (.docx), OpenDocument
AFFIDAVIT OF SERVICE
County of [COUNTY]
State of [STATE]
1. SERVER. I, [SERVER NAME] (“Server”), declare under penalty of perjury that the following documents were delivered and served in the following manner:
2. DOCUMENTS. The documents served are described as: [DOCUMENT(S) NAME].
3. RECIPIENT. The above-mentioned documents were delivered to:
- Defendant/Respondent: [RECIPIENT NAME] (“Recipient”)
- Address/Location: [RECIPIENT ADDRESS]
- Date: [MM/DD/YYYY] Time: [HH]:[MM] ☐ AM ☐ PM
4. DELIVERY. The Recipient received the documents by: (check all that apply)
☐ – Mail. The Server sent the documents by: (check all that apply)
☐ – Standard Mail
☐ – E-Mail
☐ – Certified Mail (with return receipt)
☐ – FedEx
☐ – UPS
☐ – Other: [OTHER MAILING METHOD]
☐ – Direct Service. The Server handed the documents to a person identified as the
Recipient.
☐ – Delivery to Resident. The Server handed the documents to someone who
identified as living at the residence and stated their name is: [COTENANT NAME].
☐ – Delivery to Co-worker. The Server handed the documents to someone who
identified to be the Recipient’s co-worker and stated their name is:
[COWORKER NAME].
☐ – Leaving at the Residence. The Server left the documents in the following area:
[DELIVERY AREA].
☐ – Recipient Rejected Delivery. The Server delivered the documents to the Recipient
in-person and did not accept delivery.
☐ – Other. [OTHER SERVICE METHOD].
5. VERIFICATION. I declare under penalty of perjury under the laws located in this [STATE] that the foregoing is true and correct.
Server’s Signature: _____________________________ Date: ______________
Print Name: [SERVER NAME]
State Requirements
Note: Some states use a “certificate of service,” while others use a “proof of service” or “affidavit of service.” As the forms below may not be accepted in every jurisdiction, it’s advisable to verify that the correct form is used for the applicable legal proceedings.