AFFIDAVIT OF SERVICE

A Process Server's job isn't complete until a signed & notarized affidavit or service has been mailed. It contains the sworn statement of the Process Server, and is the resulting tangible product generated by a request for Service of Process.

An Affidavit of Service is a supporting legal document which a Process Server uses to attest to: delivery of specific legal documents; to an individual or entity; at a unique location; on a designated date and time; in a particular manor; as described therein, and required by law.

Attention to detail becomes very important knowing that the Judge will carefully read every notarized document submitted. As members of the National Association of Professional Process Servers (NAPPS) and the New York State Professional Process Server's Association (NYSPPSA), we strictly adhere to the highest ethical standards and industry best practices.

Sample Document: Affidavit of Service (New York State Supreme Court)

Eviction Notices often require USPS First Class and Certified Mail. The green tag with the tracking number and red date stamp will be stapled to the affidavit as required at no additional charge.

Once an Affidavit of Service has been filled out properly, it must then be signed in front of a Notary Public. By doing so, a Process Server provides sworn testimony to the court regarding the details of how service was (or wasn't) executed.

The term "sewer service" in reference to service of process describes someone who'd toss the paperwork down the sewer and falsely claim they'd tried their best.  There are still those who'll try, however today's residents now have the ability to utilize inexpensive home security cameras. 

In 2019 a Florida Process Server was Fired for falsely reporting Service of Legal Process.

Fight Photos with Photos

Although "Proof of Service" is typically considered to be the Affidavit, we go the extra mile!

The name of the process server, GPS coordinates, and the date & time are stamped onto each of our digital photos! This integral part of our attempt log precludes the possibility of making such a mistake.

When a court is considering whether to accept an affidavit of service, it may consider the credibility of the process server. In general, courts in New York State have the discretion to reject affidavits if they believe that the process server is not credible or that the affidavit is not reliable. If the process server has a conviction, the court may be more likely to find that the affidavit is not credible.

Our blog post focusing on what to look for when hiring a process server will explain how and why courts can and do reject affidavits of service those with criminal convictions regarding "crimes of moral turpitude"