What Is An Affidavit of Service?
An important step to effectively rendering service of process is completing the Affidavit of Service. The Affidavit of Service, also known as proof of service, is a sworn testimony signed by the process server. It is supporting delivery of case-related papers to one or more parties in a legal matter. It certifies service of a notice, summons, writ, or process. It shall also state the time, manner, and method of delivery in a summary manner. It provides a detailed account of how service of process was performed upon a specified party regarding a legal proceeding.
The affidavit includes information pertaining to the time, date, manner of service, and the identity of the person served.
Upon serving legal documents, the process server is required to prepare the proof of service to be filed with the local court to show that service of process was properly performed. If the proof of service is not filed with the county, the legal proceeding may be challenged and dismissed for improper service of process.
If a server is unable to render proper service, then he or she will still need to include a signed declaration stating that he or she made a good faith attempt to serve the specified party and provide detailed information of such attempts. Thus, if there is a challenge in court as to whether service of process was properly performed, the affidavit of non-service can be used to show that a good-faith attempt was made to contact the required party. See Rue v. Quinn. 137 Cal. 651, 655 (66 P. 216, 70 P. 732).
How Fraudulent Affidavits of Service Impact Legal Matters
Unfortunately, not all process servers are honest. Some servers may attest to un-accurate facts within their affidavit of service. If this occurs, the underlying cause of action may be dismissed due to improper service of process.
If a server makes fraudulent statements regarding service, he or she may be prosecuted for criminal conduct such as the forgery of court documents. Further, the server may also incur a civil suit from the affected party. Thus, it is important that a party utilizes an honest and reputable process server.
If you are the victim of a fraudulent process service, then you may be able to take civil legal action against the server. You will need to contact legal counsel for more information.
Each member of NAPPS must adhere to the highest ethical standards in the process serving industry. Hire one of our professional members for your legal matter.
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