What is an Affidavit of Service?

What is an affidavit of service? It is one of many kinds of affidavits – a signed, notarized document in which you swear an oath to a set of facts. In this case, you swear an oath that you successfully served documents to a given person regarding a legal case. The affidavit can be used as additional evidence that you did in fact serve the documents.

What is an affidavit?

First of all, it’s important for you to understand what an affidavit is. An affidavit is a legally binding document with the following features:

  • It states a set of facts
  • It is signed by you in the presence of a notary public
  • You have sworn that the facts are true in the presence of the notary
  • It is notarized by the same notary, attesting to your oath and signature
  • It is drafted in a specified style

It is important to note that you take full responsibility for the truth of the facts; the notary only attests to your oath and confirms your signature. It is very important that the facts be true to the best of your knowledge. In the case of an affidavit of service, this means that the information indicates accurately how you did in fact service the documents.

Learn more about affidavits here.

Why would you have an affidavit of service made?

If you are serving legal documents, it can be a hindrance to your case if they were not serviced properly, or if the person receiving the documents can successfully convince the court that you never served them. It is advisable to have an affidavit of service any time you are serving legal documents.

When would you use it?

An affidavit of service can provide further evidence for the court that you did serve them, when you served them and how, should such an issue arise. You would provide the affidavit should any claim to the contrary be made.

It is possible that you would never use your affidavit, but it is in your best interest to have it made immediately after serving documents.

What should I do if need to have an affidavit of service drafted?

Contact us at Golden Notary. We will ensure that the right format is used for your affidavit, and review the document with you carefully so that you are sure it reflects how you have served the document. We can also point you to reliable legal services should you need them.

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