What is an “Affidavit of Service”?

When documents are served to another party, you must also prove that they were served. To do so, the person who served the paperwork must “swear” an Affidavit of Service. An “Affidavit of Service” is a written, sworn statement by that person that describes:

  • what they served;
  • who they served; and
  • when and how the service was done.  

 

When you “swear” something, you are making a promise that what you are saying is true. This promise is often made over an object that is holy to you (such as the Bible, the Torah, or the Koran), or in the name of a deity you believe in (such as God or Allah). This is also called “taking an oath.” For people who do not want to swear over a holy book or in the name of a deity, this promise is called “affirming.”

 

The Affidavit of Service must be completed and sworn (or affirmed) by the person who completed the service. Then it must be filed with the Court before the court date.

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