Affidavit of Service – Affidavit of Non-service – Affidavit of Personal Service – Affidavit of mailing

Affidavit of Service is one of the important legal papers in the court function. Without its availability, the court won’t precede the hearing and judge any matter.

Definition of Affidavit of Service:

Affidavit of Service is a notarized document signed by an affiant (server), enlisting the details such as date, time and nature of the service performed with identification of person served and other relevant service details.

What is an Affidavit of Service?

Affidavit of service, otherwise known as “proof of service”, is simply known as a legal paper that serves as an evidence of service of various documents/belongings. In other words, it means that the server has delivered particular documents/belongings to an individual or an organization on the request of the contesting party to the lawsuit.

What is an affidavit of Military Service?

An Affidavit of Military Service is for the protection of the people serving the U.S. military from a judgment by the court filed against them without receiving any lawsuit notice first that gives them a chance to defend the case. If the respondent has not appeared nor filed an answer then, in any case, an Affidavit of Military Service is required to protect the people serving U.S. Military.

What is an Affidavit of Personal Service?

Once the service of delivering documents/belongings has been done via court, the contesting party will fill in a personal service form or affidavit of personal service from the court clerk assuring the court that they have done their service and sent or handed over the required documents/belongings to the other party.

What is an Affidavit of Non-service?

If by any chance, the papers or the documents were not sent to the responding party then the other party has an option to fill in an affidavit of non-service to assure that they had no wrong intentions and they tried to send the documents but by any means it can’t be sent and that they should be given another chance to fulfill their part.

Does an Affidavit of service need to be notarized?

Yes, an affidavit of service must be notarized by a notary or a court clerk before presenting it to the court. The court will only proceed if it is a notarized affidavit of service.

What does Affidavit of mailing (or Affidavit of mail) mean?

Affidavit of mail or affidavit of mailing assures that the documents were sent via the mail to the other party.

What is an Affidavit of service in case of a divorce?

In case of divorce, an affidavit of service is usually given to the party contesting the divorce. The contesting party then sends the petition to the responding party so that the responder can contest his/her case in a court. This affidavit acts as an evidence that the contesting party has performed their part of the service by allowing the responder to contest the case.

Certificate of service vs. Affidavit of service

Though in bigger terms both are synonyms for one another confirming that the service has been done. Whereas, at narrow limits, an affidavit is a legal paper swearing the confirmation of service, mostly used when the case is first filed. However, certificate of service is a lighter mode of authentication that is used in every motion or pleading done by either party during the court sessions in transferring of documents or data.