Minnesota Affidavit of Not Found
Definition and meaning
The Minnesota Affidavit of Not Found is a legal document used when an individual, known as the affiant, is unable to locate the defendant to serve them with legal papers, such as a summons and complaint. This affidavit serves as proof that a diligent effort has been made to find the defendant, thus allowing the court to move forward with the case even in their absence.
How to complete a form
To complete the Minnesota Affidavit of Not Found, follow these steps:
- Fill in the headings: Include the name of the court, county, and case information at the top of the form.
- Provide your information: Enter your full name and the name of the defendant in the appropriate fields.
- Detail your service attempts: Clearly state the dates and times of each service attempt. Ensure that at least one attempt falls within the designated hours as specified by Minnesota law.
- Affirm your statement: Sign and date the affidavit in the presence of a notary public or court administrator.
Who should use this form
The Minnesota Affidavit of Not Found should be used by plaintiffs or their representatives who have made multiple attempts to serve the defendant with legal documents but have been unsuccessful. This form is particularly applicable in scenarios where the defendant’s whereabouts are unknown or if they are avoiding service.
Legal use and context
This affidavit is critical in legal proceedings, especially in civil cases. It allows for an alternative means of moving forward with a lawsuit when a defendant cannot be served directly. By submitting the Minnesota Affidavit of Not Found, the court is informed of the attempts made to comply with service requirements, which is a crucial aspect of due process.
Common mistakes to avoid when using this form
When filling out the Minnesota Affidavit of Not Found, be aware of the following common mistakes:
- Failing to provide specific dates and times for each service attempt.
- Not having the affidavit notarized or signed by a court authority.
- Inaccurate or incomplete information regarding the defendant that could hinder the credibility of the affidavit.
- Missing necessary details that confirm compliance with state requirements.
What documents you may need alongside this one
When filing the Minnesota Affidavit of Not Found, you may also need the following documents:
- The original summons and complaint that you are attempting to serve.
- Any previous correspondence that demonstrates your attempts to locate the defendant.
- Supporting evidence, such as a log of your service attempts.
What to expect during notarization or witnessing
When you bring your completed Minnesota Affidavit of Not Found to a notary public or court administrator, expect the following:
- The notary will review the document for completeness and accuracy.
- You will be required to present valid identification.
- After confirming your identity and understanding of the document, the notary will witness your signature and affix their seal.
- The notarized document can then be submitted to the court as part of your legal proceedings.
