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Filing an Affidavit of Service. Whenever any legal papers are served, the person serving the papers must fill out a written form that says how the papers were served. This form is filed with the Court after the service is done. This form is called an Affidavit of Service.
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.
This will assist later when the person prepares an affidavit of service. An affidavit of service is a sworn or affirmed statement that tells the court who was served, and when and how service was made.
This affidavit is a notarized testimony signed by the server that details the time, date, manner of service, identity of the person served and other details of the job. If a party in the case claims to not have been notified of pending legal action, the Affidavit of Service can be presented to prove otherwise.
2. The Basics: What is an Affidavit of Service? An affidavit of service must be signed by the server and a notary or other official. An Affidavit of Service is a sworn legal document that states that a server delivered specified papers to a person, organization, or business as requested by a party to a lawsuit.
Title the affidavit. First, you'll need to title your affidavit. Craft a statement of identity. The very next section of your affidavit is what's known as a statement of identity. Write a statement of truth. State the facts. Reiterate your statement of truth. Sign and notarize.
Legal offices usually have notaries, as do real estate offices, accountants, title offices and banks. Some government agencies also have notaries. Once you have found a notary public, take the affidavit along with photo identification to the notary's office.
If there is no court form of affidavit available for your needs, you can search for affidavit forms either online or at your local county law library. Although these affidavit forms are unofficial, it is appropriate to use such forms when there is no court form specified for use.
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