While COVID-19 vaccines are still on the work, the global health crisis brought upon by the pandemic is continuously putting some things on hold. As a result, our daily lives have changed from being always on-the-go to a more sedentary lifestyle. However, this should not adversely affect legal processes like lawsuits and other court proceedings so that everything remains in order and under control. So, how do legislatures keep up amidst this dilemma? To avoid delay in every legal activity, an Affidavit of Service is used when a party involved lacks essential documents. By using this affidavit, anyone can prevent the opposing party from pretending they did not receive a given legal paper. Find out more about this in the article. Read More
An Affidavit of Service, also known as a Proof of Service or Return of Service, is an important document provided by a process server, usually a person—especially a sheriff or deputy who serves writs, warrants, subpoenas, and so much more. The service affidavit is a notarized statement signed by the server that indicates the time, date, manner of service, identification of the person served, and other details about the service provider. If one party claims to not have been notified about a pending legal action, the affidavit can be presented to prove otherwise.
How To Make An Affidavit of Service Using a Template
Making an affidavit is not as challenging as you might think. Because there is no one way to create an affidavit, you can try several things like getting an affidavit from your local court or letting an attorney write an affidavit for you. Yet, you can create on your own using a template. Follow the steps below to keep you guided.
Download a Template
Working on a template is one of the most effective ways to help you structure an affidavit. The best thing about using a template is that you are no longer required to start from scratch and most especially it is cost-efficient. Have you checked out our collection of templates? If not, then it is your chance to download a stencil suitable for your affidavit-writing task. Since a template comes in with suggested content, you can modify it as needed or leave it as it is.
Modify Your Template
To help you to customize, you need an editing tool. Choose an editing tool that is compatible with your template file format. You will know if you can work on an editing tool if it is featured on the website where you get your template from. Otherwise, it would be difficult to modify your template. But before you get started, ensure that you know what an affidavit looks like. This will help you put everything in order. Thus, let us get started with the title.
Add a Title and Identify the Affiant
Your affidavit’s title needs to capture the attention of the readers. What better way to do that than placing on the topmost part of the document, written in bolder font size than the rest of the words in the affidavit. Keep in mind that your audience is busy people who have a lot of things to do. For this instance, the title must tell right away what the affidavit is all about. Right after the title, identify the affiant or the person who will sign the affidavit. If you are making an affidavit for a client, it is important to collect all relevant information such as the affiant’s name, and complete address (street, city, state, and zip code).
Add Exhibits and Sign the Affidavit
Include relevant exhibits or other documents that need to be referenced and label them in a numbered sequence in your affidavit. Even though this is not mandatory but is highly recommended since it can make the approval process faster and a lot smoother. Also, mention responsibilities of the affiant by outlining the facts. Lastly, get the affidavit notarized to make it valid.
How to file an Affidavit of Service?
It is a process server’s responsibility to file the affidavit form with the local court to confirm proper service of process when they serve the relevant legal documents. If done incorrectly, the preceding will be challenged for a potential complete dismissal due to improper handling of the service affidavit. Moreover, if the affidavit is found to contain untrue statements, the case may be dismissed and the process server will be subject to a civil suit for forgery of court documents, which is considered a criminal offense.
Where to get an affidavit?
There are a variety of sources where you can get an affidavit form depending on what affidavit you are pertaining to. Legal documents can be found by paying a visit to local courts or sometimes court websites if there are any. Further, you can find affidavit form templates on the internet and reliable resources online. In order to make an affidavit acceptable in the court of law, make sure to get it notarized.
Do I need a lawyer to write an affidavit?
Although an affidavit is considered a legal document, anyone can drafft one. It will be valid as long as it is signed, witnessed, and notarized properly. Hence, you do not need a lawyer to create an affidavit. Consequently, it is important to keep in mind that certain affidavits should contain specific information so that they will fulfill the purpose intended to be served and meet legal requirements. So when using an affidavit form, ensure that it provides relevant information needed.
What is the importance of being truthful in an affidavit?
Swearing something that is not true in an affidavit is technically a violation of the law. With that, you can be fined or even imprisoned for committing a false statement. It is similar to lying on the stand in a court proceeding.
An affidavit letter does not only serve one purpose but many. When they are filed with the court, affidavits become proof that information in it is true. Also, an attorney can use it on your behalf so that you do not have to appear in court in some cases. Because of that, it is crucial to learn how to make an affidavit. But we will make it easier on your end. Download any of our templates now and get done with your affidavit in no time.