NotaryPro’s online notary solution is designed to make drafting and notarizing your Affidavit of Service easy and convenient. Instead of meeting with a notary public in person, you can schedule an online appointment from the comfort of your home or office.

What is an Affidavit of Service?

A lot of paperwork is involved in a court case, and everyone who requires copies of documents must receive them. An Affidavit of Service (also known as Proof of Service) proves that one party has provided other parties with the correct documentation. This sworn legal document outlines who was served documents, when they were served, and how.

For instance, the plaintiff must provide (serve) a copy of the Plaintiff’s Claim Form to the defendant. By serving documents, you’re being transparent about the steps you’re taking.

In every step of the court process, each party must  “serve” the other documents. By serving the parties, you’re informing them of the steps you’re taking and the information you plan to present to the court. Accordingly, you’re giving them a fair opportunity to respond.

All Affidavits must be sworn or affirmed before an individual authorized to administer oaths and affirmations by law. Knowingly making false or inaccurate statements in an Affidavit is considered perjury, which is a criminal offence. Therefore, being truthful is critical.

Getting an Affidavit of Service Notarized

Your Affidavit of Service must be notarized by an official authorized to administer oaths and affirmations by law. You can get your Affidavit notarized online, in under 7 minutes with NotaryPro, from anywhere with a wi-fi connection. 

During notarization, the affiant (person making the Affidavit) swears or affirms that their Affidavit’s contents are true before the authorized official. Ensure you don’t sign your Affidavit before notarization, as you must sign in the presence of the official.

An Affidavit must meet the following requirements to be considered valid:

• The affiant must have written and signed the Affidavit of Service.

• The affiant must swear or affirm that the contents of their Affidavit are true and correct.

• The Affidavit must be witnessed and signed by someone authorized to administer oaths or affirmations, like a notary public or commissioner of oaths.

• The individual administering the oath or affirmation must verify the affiant’s identity.

• The individual administering the oath or affirmation must verify that the affiant understands the contents of their Affidavit and what they’re singing.

The authorized official who can notarize your Affidavit of Service can be a(n):

• Notary public

• Commissioner of oaths

• Lawyer

• Judge

• Justice of the peace

• Minister

• Authorized official at certain local municipalities

What is the Purpose of an Affidavit of Service?

An Affidavit of Service is typically used during lawsuits and other court proceedings, like Family Court, Small Claims Court, or Civil Court. It can also be used anytime someone needs to receive legal documents. This Affidavit can prevent the other party from saying they didn’t receive copies of documents, which can delay court proceedings.

Essentially, you must serve the other party documents because they have a right to:

• Know about a case that’s been started against them

• Respond to the claims made against them

• Make claims of their own

If you don’t provide copies of documents to the other party or lack proof that you did, your case might not move forward.

Arranging for the Service of Documents

Whoever is serving documents should take notes that include the name of the person served, date, time, and manner of service. Doing so will give them the information they need to complete an Affidavit of Service.

Certain documents must be served in specific ways. For instance, a Plaintiff’s Claim cannot be served on an individual by regular lettermail or fax. Typically, a document can be served any day of the week.

Typically, documents can be served using the following methods:

• Serve the documents yourself (not applicable to family law matters) 

• Have a friend or co-worker serve the documents

• Hire a private process server or business associate to serve the documents

• Get your legal representative to arrange for the service of the documents

Proving Documents Have Been Served

The person who serves documents is the one who needs to complete an Affidavit of Service. If you served the documents, you must swear or affirm that the information in your Affidavit of Service is accurate. If someone else served them, they must complete an Affidavit of Service and do the same. 

In your Affidavit, you must outline who was served, when, and how they were served. If a copy of a document is served on multiple people, you must complete an Affidavit of Service for each person served. For example, if you’ve served three people, you must complete three separate Affidavits of Service for each person served. 

Information to Include in Your Affidavit of Service

Your Affidavit of Service should contain the following information:

• The type of document(s) served

• The legal full name of the affiant [person who served the document(s)]

• The legal full name of the person who was served

• The day, month, and year that the document(s) was served

• The location where the document(s) was served (the full address)

• How the person was served (e.g., personal service, lettermail, email)

• If the person being served used any photo identification like a driver’s license, record the number for further proof of service

• The affiant’s signature 

• The authorized official’s name, signature, and the location and date of the notarization

Get Your Affidavit of Service Notarized Today

With NotaryPro, you can book an online notary appointment to get your Affidavit of Service notarized in minutes. Our platform is secure, user-friendly, and convenient. You can complete the entire process from your home or office, without commuting to an in-person location.