Pos 040d

A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party's attorney, the name of the party represented by that attorney.

A proof of service is usually in the form of a declaration signed by an individual indicating that a particular document has been served upon another party. Serving a document on a person means having the document delivered to that person.

If the server is trying to serve the papers at the other party's work, then the papers can be left with someone at the office that appears to be in charge and is at least 18 years old. The server must tell the person that he or she hands the papers to that they are legal documents for the other party.

It is only after the fact that those documents had been placed into circulation that the underlying proof of service would be ripe to be signed. Because at that time the service would have been completed. So, every court document you send to opposing counsel should have an UNSIGNED proof of service.

Walk up to the person to be served. Say, "These are court papers." Give the person copies of all the court papers. Fill out the Proof of Service (Small Claims) (Form SC-104 ), sign it on page 2, and return the completed form to you so that you can file it.

A Proof of Service is a signed piece of paper that verifies you have attempted to deliver a document regarding your case to parties involved in your bankruptcy case. The Proof of Service form used at this court is called a Proof of Service of Document.

Proof of Service If you have asked the court clerk to serve your papers by certified mail, you need do nothing else. The court clerk sends out the certified mail for you, and the signed post office receipt comes back directly to the clerk if service is accomplished.