Use this free affidavit of service form to get a legal confirmation of documents delivered from one party to another during lawsuits. Complete, sign and notarize your form in minutes.
What is an Affidavit of Service?
An affidavit of service is a legal receipt confirming the delivery of documents, which is known as the service of process. The service of process aims to inform the involved party that a lawsuit has been filed or is pending. The affidavit witnesses that the server has provided the documents to the appropriate party, and the party can use the document as evidence.
The Affidavit of Service Meaning
Affidavits of service are commonly used in legal matters. Parties involved in court proceedings are likely to encounter such documents when they need to deliver certain papers to the other party.
There are numerous situations when affidavits of service can play their role. These forms are primarily applicable to the following types of documents:
Furthermore, various government forms contain affidavits, including driver’s license applications, voter registrations, and concealed weapon permits.
When to Use an Affidavit of Service
You can identify the time to use affidavits of service when you need proof of servicing legal documents to the other party. The spheres of application vary greatly. The affidavit of service is typically applied to verify the receipt of notices and to notify of a court hearing.
In family law cases, the situations to use an affidavit of service include:
- Delivery of divorce papers;
- Delivery of child custody orders;
- Delivery of spousal or child support orders;
- Delivery of other urgent matters.
The other scenario for applying an affidavit of service is a court proceeding where one party denies documents’ receipt. If the denying party is found to be untruthful, this person may face perjury charges.
Affidavit of Service by Type
The affidavit of service forms vary by type, so you need to familiarize yourself with their general meaning and differences to comply with their terms. Here are some of the common affidavits types:
Court proceedings usually involve witnesses appearing and testifying live. However, in some situations, affidavits are applied to support written motions or to replace witnesses if they cannot appear in court.
Self-proving Will Affidavit
This affidavit verifies the signature of a person composing a will. The will becomes automatically valid with the maker’s signature notarized with the affidavit.
Affidavit of Power of Attorney
The purpose of a power of attorney is to authorize one person to act on behalf of another. The affidavit of power of attorney is signed by an individual referred to as the principal, and it empowers an agent to represent a principal legally.
The paper aims to verify financial information concerning the affiant. The use cases include divorce proceedings, where each party needs to confirm their assets and debts.
Affidavit of a Lost Document
This affidavit applies when a legal document of the individual is lost or destroyed. With the help of an affidavit, a person provides an assurance that the document existed and can establish the restoration.
Affidavit of Identity Theft
If a person becomes subject to identity theft, this individual might need to submit an affidavit confirming the theft to banks and creditors.
An Affidavit of Non-Military service
If you are entering a default against a person, you must provide a sworn statement declaring that the defendant is not in military service. Otherwise, your default will not be accepted by the court.
How to Notarize an Affidavit of Service Online
With PandaDoc remote notarization service, you can download, complete, and notarize your affidavit of service online. The platform allows you to validate your affidavit with a notary public who is state-approved for online notarization. The process will take several minutes, and you will have your document ready for filing.
Step 1: Download a Free Template
PandaDoc offers the affidavit of service template that you can fill in online. Include your valid email address during the registration step where you’ll later get your signed and notarized document so you can later download it.
Step 2. Fill in the Document
Type in the details stating your name, the delivery information, and terms. See the recommendations below to make sure every field is completed properly. With all the data in place, you can e-sign the document.
Step 3 Notarize Your Affidavit
To notarize your affidavit of service form, visit the Notarization tab where you’ll be connected to a notary in a live video session. The notary will remotely verify your identity, so make sure to prepare one of the ID documents.
Step 4. Download or Share
After the ID verification, the notary completes the form with his/her e-signature which makes the document fully legal. You can download, send it via email or print out as many copies as you need.
How to Fill Out an Affidavit of Service
The form states all the information about the service of papers, such as:
- The name of the person, to whom the documents are served;
- The date, time, and place of the delivery;
- The name of the person who delivered the papers;
- The details about the way the documents were served;
- A description of the documents served;
- If the papers were delivered to someone else, the name and description of the person;
- If papers were sent through mail, when and how;
- Any other pertinent delivery details;
- The name and signature of the process server.
The server must sign the form before a notary public. Once the affidavit of service has been completed and notarized, it must be filed with the court.
If a person signs an affidavit stating false information, this individual can be subject to criminal penalties.
Before filling out and submitting your affidavit, make sure you are familiar with the laws and rules specifying the details of how the service must be delivered and what type of paper must be utilized in your case.
What does an affidavit of service mean?
An affidavit of service, or a proof of service affidavit, relates to legal papers that are filed with a court during a legal proceeding. It is a sworn statement that is made under oath to tell the truth. The form confirms documents’ delivery from one involved party to another. It contains a detailed description of how the service of process was arranged and affirms the proper fulfillment of the service.
What is an affidavit of non-military service?
This affidavit of service type is used when one individual is entering a default against another (defendant). In this case, the affidavit must contain a sworn statement that the defendant is not in military service. The court will not accept a default against an individual who is in the military.
What is the difference between a “certificate of service” and an “affidavit of service”?
As a rule, an affidavit of service applies when a private third party delivers the documents. A certificate of service is a document used by official process servers to provide papers.
Who can fill out an affidavit of service?
In the case of personal delivery, the document is signed by a process server, or an individual who delivers the papers. If the affidavit is served by publication, a newspaper employee signs the affidavit of publication. In case of delivery by email, the person who sends the document signs the affidavit of service.