Serving court papers is only part of the process. The court also needs a reliable record that the papers were delivered, to whom and how. In most cases, that record is an affidavit of service. This guide explains what an affidavit of service is, what it usually contains, what happens when service could not be completed, and how to check one before you file it.
What an affidavit of service is
An affidavit of service is a written statement, made under oath, by the person who served the court papers. In it, the server describes how the papers were delivered. Because it is sworn, the server is confirming that the statements are true, and a false statement can carry serious consequences.
The document goes by different names depending on the state and the court. You may see it called a proof of service, a return of service or a declaration of service. Some courts provide their own form, and some allow a declaration signed under penalty of perjury instead of a notarized affidavit. Rules vary, so check what the court handling your case expects.
What an affidavit of service usually records
The exact contents depend on the court’s form and rules, but most affidavits of service record the same core facts:
- The case. The court, the case or file number and the case name, so the affidavit can be matched to the right file.
- The documents. Which papers were served, such as a summons and complaint, a petition or a subpoena.
- The person served. The name of the person who received the papers and, if they were not the named party, their relationship to that party or their role at the business.
- When and where. The date, the time and the address where service took place.
- How. The method of service, for example personal delivery to the named person or delivery to another adult at the address.
- A description. Many forms ask for a short physical description of the person served, which helps confirm the right person received the papers.
- The server. The server’s name and signature and, where required, license or registration details.
- The oath. The notary’s signature and seal, or the declaration language the court accepts.
Why the court needs it
Courts rely on the affidavit as evidence that service actually happened. It is often what allows a case to move forward. For example, a court will usually want proof of service before it enters a default judgment against a party who did not respond.
Because so much depends on it, a mistake in an affidavit can cause problems. A wrong case number, a misspelled name or a missing detail can lead a court to question whether service was proper. That is why it is worth reviewing the affidavit carefully before it is filed.
When service is not completed
Sometimes a process server cannot complete service. The person may have moved, may not be home at any of the attempts, or may be avoiding service. In that case, the server can often prepare a different sworn statement, sometimes called an affidavit of non-service, an affidavit of attempted service or an affidavit of due diligence.
This kind of affidavit usually lists each attempt: the date, the time, the address and what happened. A detailed record of attempts can be important. In many courts, it is part of what you show when asking for permission to use another method of service. The names, requirements and next steps differ by state and by court.
How to check an affidavit before filing
Before you file an affidavit of service, read it against your own records:
- Case details. Confirm the court, case number and case name match your documents exactly.
- Names. Check the spelling of the person or business served and of the person who accepted the papers.
- Documents. Make sure every document that was supposed to be served is listed.
- Date, time and address. Confirm they match the service details you were given.
- Method. Check that the method described is one the court allows for your case.
- Signatures. Confirm the server signed it and that the notarization or declaration is complete.
If something is wrong, ask for a corrected affidavit before filing rather than after.
How Court Runner USA delivers your affidavit
With Court Runner USA, the affidavit is built from the record of the job itself. Each time the process server makes an attempt, they record the time, their GPS location and photos, and you can follow every attempt in your dashboard.
When service is complete, the affidavit of service is generated from that job record, signed by the process server, notarized and uploaded. You download it from your dashboard, and a copy is sent to you by email. You then file it with the court as its rules require.
New to the topic? Start with what service of process is, or see how to prepare your documents for a process server.