Free Affidavit of Service Form

An affidavit of service is a sworn statement that explains how legal documents were served. It typically includes:

• What documents were delivered
• Who received them
• When and where service occurred
• How service was completed (for example, personal delivery or certified mail)

Filing the affidavit creates a record that the other party had notice and a fair chance to respond.

Tip: The affidavit is usually completed by the person who served the documents—not the person filing the case.

You may need an affidavit of service any time a court or agency requires proof that notice was delivered.

Common examples include:

• Serving divorce or separation filings
• Delivering an eviction notice to start an eviction case
• Sending small claims paperwork (summons and complaint)
• Delivering motions, notices, or court orders in an active case
• Serving foreclosure-related notices

Serving papers means delivering them to the other party using a method allowed by the court. The affidavit is usually filed after service happens.

Allowed service methods depend on your state and the type of case, but often include:

• Personal delivery: Handing documents directly to the recipient
• Substitute service: Leaving documents with a qualifying adult at the recipient’s home or workplace
• Mail service: Sending documents by certified mail or another trackable service
• Posting methods: Posting on a door or similar method in specific cases, when permitted

Some courts require service by a sheriff, constable, or professional process server. Always check local rules so service is valid.

Use these steps to make sure the affidavit is complete and usable for court filing.

1. Add the Server’s Information

Enter the name and address of the person who served the documents. Some states require the server to be over 18 and not involved in the case.

2. List What Was Served

Describe the documents delivered (for example, summons, petition, complaint, notice, or motion). Add the case name or case number if available.

3. Identify the Recipient

Provide the full legal name of the person or entity served. If service was made on an agent (like a registered agent), include that information too. List a physical description of the person served.

4. Describe How Service Happened

Include the date, time, and address of service, plus the method used. If the court requires extra detail (such as who accepted the documents), add it.

5. Sign and Notarize if Required

Many courts require the affidavit to be signed under oath and notarized. If notarization is required, the server signs in front of a notary, who completes the notary section.

If service wasn’t successful, you may need a separate statement documenting attempted service (often called an affidavit of non-service).

Once it’s filed, the court has proof that service was completed. From there, deadlines can start (such as the other party’s time to respond), and the case can move forward to hearings or next steps.