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What is an Affidavit of Service?

  • April 14, 2011
  • by Staff

An Affidavit of Service - also known as a Proof of Service - is an important document provided by process servers after they have successfully served documents to someone. 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.

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Even if the process server isn’t able to serve the person, the affidavit can be used to prove due diligence. Using an Affidavit of Due Diligence, the server can show that he or she made a number of attempts and can detail the reasons why service of process was not possible. This Affidavit of Due Diligence shows that you made every effort to notify the other party or parties of pending legal proceedings.

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