Affidavit of Service

Purpose and Use

Courts require proof that each party has received the necessary paperwork. Filing an affidavit of service ensures the recipient can’t deny being notified, which helps prevent delays in the case. It’s commonly used for delivering:

• Summons and complaints
• Motions and court orders
• Subpoenas
• Eviction notices
• Hearing dates or trial documents

Methods of Service

Acceptable methods of delivery vary by jurisdiction but often include:

• In-person delivery to the recipient
• Delivery to a co-resident or coworker
• Posting at the address (door/mailbox)
• Certified mail with return receipt
• Standard mail
• Hiring a professional process server or sheriff

Affidavit vs. Certificate of Service

In many states, “affidavit of service,” “certificate of service,” and “proof of service” are used interchangeably. However, some states assign different terms to different roles. For example, law enforcement may use a certificate of service, while private individuals complete an affidavit or declaration of service.

Filing the Affidavit

After service is completed, the server fills out and signs the affidavit, listing:

• The documents served
• Who received them
• The date, time, and method of delivery

The form is signed (and notarized, if required) and filed with the court as official proof of service.

State Requirements