Get the free Affidavit of Due Diligence

This document is an affidavit filed in the Magistrate Court of West Virginia, affirming the due diligence efforts made by the plaintiff to locate the defendant, who is a non-resident and cannot be served within the state. It outlines the challenges faced in serving the defendant and provides a general description of unknown defendants interested in the case.

How to fill out affidavit of due diligence

How to fill out affidavit of due diligence

1. Obtain the affidavit form from a reliable legal source or website.
2. Read the instructions carefully to understand what information is required.
3. Fill in your personal information, including your name, address, and contact details.
4. Detail the efforts made to locate the other party, including dates, methods used, and locations visited.
5. Provide any documentation that supports your claims of due diligence, such as correspondence or records of phone calls.
6. Review the affidavit to ensure all information is accurate and complete.
7. Sign the affidavit in front of a notary public or appropriate authority, if required.
8. Submit the completed affidavit to the relevant court or agency as instructed.

Who needs affidavit of due diligence?

1. Individuals or entities involved in a legal matter who cannot locate a necessary party for service of process.
2. Parties seeking a court order or judgment when other methods of notification have failed.
3. People involved in probate, civil, or family law cases requiring proof of diligent efforts to locate an individual.

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What is affidavit of due diligence?

An affidavit of due diligence is a legal document that provides evidence that a party has made a reasonable effort to locate someone, typically in relation to legal proceedings.

Who is required to file affidavit of due diligence?

Generally, it is required by individuals or entities involved in a legal case who need to demonstrate that they have attempted to locate a person or deliver a legal document to that person.

How to fill out affidavit of due diligence?

To fill out an affidavit of due diligence, one should provide details of the attempts made to locate the person, including dates, methods used, and results of the searches, and then sign the affidavit in front of a notary.

What is the purpose of affidavit of due diligence?

The purpose of the affidavit of due diligence is to prove to the court that all reasonable efforts have been made to locate a party, thus justifying further legal actions, like service of process.

What information must be reported on affidavit of due diligence?

Information that must be reported includes the names of the individuals involved, the dates and methods of search, the outcomes of those searches, and any other relevant details regarding the attempts to locate the individual.