The final step in serving legal documents is providing proof of service to your client. If the proof is sloppy or incorrect, it can lead to problems and potentially jeopardize your client’s case. In this article, we will cover the process of creating a precise and properly formatted proof of service.
What is it?
A Proof of Service is a written statement that confirms the delivery of legal documents. It can include information about successful service or unsuccessful attempts at service. There are different terms used to refer to a Proof of Service, including Proof of Service, Verified Return of Service, and Return of Service, which are all signed by the process server.
An Affidavit of Service, also known as a Sworn Affidavit, is a written statement that is affirmed before a person with the authority to do so and requires the signature of both the process server and a Notary Public. All Affidavits are Proofs of Service, but not all Proofs of Service are Affidavits.
What type of information does it contain?
The proof of service is typically completed by the process server who delivers the legal documents to the defendant. The proof of service will typically include the following:
- The case information, including the court details, the case number, the plaintiff and the defendant
- The name of the party to be served
- The address of the party to be served
- The address of service
- The type of service (example: Individual, corporate, etc.)
- The manner of service (example: personally delivered, substitute, mail, etc.)
- If the papers were served to any person other than the named person, the proof will need to state the name of the person served and their relationship or title.
- Description of the person served, if required by the jurisdiction (it is considered good practice to always include a description)
- Military or status of the Person to be Served, if the individual is the defendant of the legal action
- Marital status of the Person to be Served, if the individual is the defendant of a foreclosure
- If multiple addresses were attempted, be sure to include the information clearly so the court and your Client can clearly tell at which address the service was finally completed. In the case of a non-serve, list each address attempted and the details of what information was discovered at each address.
- The signature of the process server
- The process server license number, if applicable
- The expiration date of the process server license, if required
Why are they so important?
The purpose of serving legal documents, known as process, is to inform the defendant that they are being sued and provide them with the opportunity to defend themselves and establish jurisdiction over their person. It also informs a witness that they are required to provide information to the court, either through documents or in-person testimony.
The Proof of Service is a sworn statement that notifies the court that the defendant or witness has been informed of the legal action and sets a timeline for them to respond. It is an important part of the legal process and must be truthful and accurate under penalty of perjury. If the Proof of Service is found to be untrue or inaccurate, the process server may face criminal penalties and be subject to a civil lawsuit.
Timeliness Matters!
Deadlines are very important in the legal field and can have serious consequences if not met. It is the responsibility of the person or entity serving legal documents to ensure that the proof of service is completed and filed correctly and on time. In some cases, the proof of service must be filed by a certain date in order for the case to proceed. In other cases, the failure to file the proof of service on time can result in the case being dismissed. Different states and areas of law have different deadlines that must be adhered to in order to avoid negative consequences.
It is important for a process server to provide proof of service of process as soon as possible, usually within 24-36 hours after service. When law firms use a reputable vendor like Speed Process, they can trust that all relevant rules and regulations for service of process in Florida and beyond will be properly followed.
When facing strict regulations and tight deadlines, it is important to use process servers that can be trusted to complete the job correctly. Law firms that work with Speed Process can be confident that they will receive some of the highest quality proofs of service in the industry. Speed Process uses technology to reinforce service of process and validate that proper service was carried out. Speed Process has a strong reputation and a team of highly vetted process servers who can help law firms deliver legal documents across the country and around the world. Please contact us to learn how we can help with your process server needs in Florida and throughout the US.