Affidavit of Service

An Affidavit of Service or Proof of Service Affidavit is the paperwork filled out by a process server swearing that they have delivered the documents necessary to ensure that due process is being upheld. An Affidavit of Service that is properly filled out and filed ensures that a court case can proceed unhindered. An incorrectly filled out or filed Affidavit of Service can cause delays, dismissal of a case, or, in the case of a fraudulent affidavit, legal action may be pursued.

Even in the event that documents were unable to be delivered, an Affidavit of Service is required. In situations such as these the Affidavit of Service will be submitted along with a signed declaration that states the process server has made good faith efforts to complete personal service. This protects the case from possible challenges later on by having evidence that good faith efforts to deliver the documents were made.

When a process server delivers legal documents to the correct recipient, their next step is to fill out the Affidavit of Service. Though information will vary, typically you will find the following included:

• The name of the person served
• The date, time, and place the person was served
• The manner in which the person was served
• A description of the document or documents served
• The name and signature of the process server

Filling out an Affidavit of Service well is not as simple as it sounds. The process server must be diligent about keeping accurate and thorough records throughout. Some of the things a process server should keep track of are: noting any attempted contact, keeping notes of phone calls, retaining texts and emails, and any documentation showing where the process server has been, such as validated parking tickets. Documentation is everything.

All information should be double-checked for accuracy. It is preferable to take the time to verify everything than to risk an inaccurate affidavit.

Once the Affidavit of Service has been created, notarization may be required depending upon the jurisdiction before submitting it to the court.

When seeking service of process in New Jersey it is important that your process server has the experience, training, and credentials to make sure your legal process is being handled properly. At J & K Investigative Services, Inc. we would be happy to help you.