Tells the court that you had the other party served in person with legal papers. Lists the papers that were served. It also tells when and where the papers were served and who served them.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
If proof of service of the summons has not been filed within 60 days of the complaint's filing, the court may dismiss the action without prejudice.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
This process server will typically provide the following: The name of the person who was served. The date, place, and time where service was carried out. How the person was served. A description of the type of documents that were delivered to the defendant. Their name and signature.
Proof of service shall be in the form of a certificate if the service is made by a sheriff or other authorized public officer, in the form of an affidavit if made by any other person, or in the form of a signed acknowledgement of receipt of a summons and complaint, or summons and notice or notice of petition as ...
The affiant must take the oath highlighted in the affidavit voluntarily. If the court discovers evidence that the affiant signed unwillingly, under pressure, or coercion, they may consider the oath invalid and the affidavit inadmissible in court proceedings.
A legal affidavit must be signed by the person making the statement to be considered legally binding. In many cases, the affiant must also sign the document in front of a witness. That witness is often the notary public, but they could be anyone willing to swear the signature is authentic.