A sworn legal declaration stating that someone was unable to serve a certain legal document is known as an affidavit of non-service. This statement is made public in order to show that an attempt was made to serve the relevant party and to provide information regarding the time and manner of the attempt.
This affidavit can be used to demonstrate a good faith attempt to get in touch with the document’s subject if and when the matter reaches court and there is a disagreement regarding serving of court-related documents.
You can contact a legal service provider Dispute to consult what action is needed from your end if you find non service from any party with whom you are dealing.
Why do I require an Affidavit of Non-Service?
If all goes according to plan, the process server will have little trouble finding the defendant there at the address you gave, serving them with the papers, and filing an “Affidavit of Service.”
It’s not always that easy, though. The process server will be unable to serve the defendant if they move. Defendants occasionally “evade” service or make an effort to flee from the process server. Your attempts to serve the defendant with notice of your case are documented in the Affidavit of Non-Service.
An affidavit of non-service may be submitted, if the process server tries to serve the papers, but is unsuccessful in doing so.
What information will be included in this Affidavit of Non-Service?
Typically, the Affidavit of Non-service may include the following:
- Your case information
- Detailed descriptions about each attempt made to serve the defendant
- And the contact info of the process server.
Does an Affidavit need to be Notarized?
You might be unsure whether getting your affidavit notarized at all because finding a notary public might be difficult and expensive. Each state has its own laws governing what is acceptable. Nevertheless, getting your affidavit notarized is usually a good idea.
You may occasionally get around this by drafting an unsworn statement in which you affirm that you are the person whom you claim you are in writing and under penalty of perjury.
However, a sworn declaration of non-service must be completed in front of a notary public if you’re supplying one.
The necessity of notarizing
A significant step in the legal process will be the notary. According to state law, notaries are obligated to ensure that the papers they notarize are accurate and truly signed by people who are meant to be endorsing them. Notaries receive specialized training to prepare them for their job as public employees.
The legal system uses them to support the admissibility of the affidavits filed in any court case.
You cannot prove that you are the author of the paper without the notary public’s seal. Because anyone may draught an affidavit and forge your signature on it, such documents that aren’t notarized can be excluded from evidence in court.
A notary public will request identification documentation, usually, a driver’s license or passport, and have you sworn under penalty of perjury that you are the one who signed the paper.
