What Is an Affidavit of Service?

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What Is an Affidavit of Service?

An affidavit of service is a legal document that confirms delivery of other papers or documents from one party to another in a legal case. The delivery of court documents is usually referred to as “service”, and serves to inform the other person that a lawsuit has been filed or is pending. “Service of documents” can also refer to other court documents, such as a notice to appear in court, a summons, or other similar papers.

“Evading service” (i.e. purposely not receiving the documents in order to avoid or delay trial) is highly discouraged and can sometimes lead to legal consequences. When a person signs an affidavit of service, they are confirming that they have received the papers in question.

What Is Contained in an Affidavit of Service?

Affidavits of service contain:

For instance, an affidavit might mention whether service was made in-person, through mail, or other methods. Affidavits of service are, therefore, called “proof of service” in many states.

When Are Affidavits of Service Used?

As mentioned, affidavits of service are used whenever proof of delivery of court documents is needed. In a family law setting, this can include:

Lastly, affidavits of service may be used in court, especially in cases where the plaintiff or the defendant is denying that they received a certain document. In some cases, this may lead to perjury charges if it is found that the party was lying in court regarding service of documents.

Do I Need a Lawyer for Help with Affidavits of Service?

Service affidavits are an important aspect of trial litigation. They help provide proof that a party has received a certain court document or request. You may need to hire a family lawyer if you need help with any type of affidavit or legal document. Your attorney can provide you with legal assistance and representation when it comes to court documents. Family law documents can be complex, but your attorney can inform you of how to respond and proceed with them.

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Last Modified: 08-27-2014 01:30 PM PDT

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