Service of process is an essential legal procedure designed to ensure that all parties named in a legal action are formally notified of the details of the claims made against them and have time to adequately prepare. But how does the court know if the people involved in a legal case have been properly notified? In this post, we’ll discuss what an Affidavit of Service is and why it is such an important part of the service of process.
What is an Affidavit of Service?
An Affidavit of Service, also known as a proof of service, is a formal document verifying that a person has been properly served with process (legal documents such as summonses, complaints, subpoenas, etc.) related to a legal case. This document is completed by the person who is delivering the process, most often a process server. The affidavit spells out exactly where, when, who, and how the process was delivered to the person named in the process. The process server then signs the affidavit and in some situations may even have it notarized. While a signature from the person receiving the process is not required, it is preferred.
Importance of the Affidavit of Service
The Affidavit of Service is very important in court proceedings for several reasons. The affidavit confirms that the defendant or person named in the process has been properly notified of the pending legal action, which is required as part of due process and federal and state laws. It also serves as evidence for the court if the service is contested.
Components of an Affidavit of Service
An Affidavit of Service typically includes:
- Identification of the Process Server: Full name and, if applicable, the license number of the individual who performed the service.
- Details of the Documents Served: A list of the legal documents delivered, such as summons, complaints, subpoenas, or motions.
- Recipient Information: Name and address of the person or entity served.
- Service Details: Date, time, and exact location where the service occurred. Some process servers even use GPS coordinates for a guarantee of accuracy.
- Method of Service: Description of how the documents were delivered – whether personally handed to the individual or served via alternative service.
- Process Server’s Statement: A statement affirming that the information provided on the affidavit is completely truthful with the process server’s signature.
Affidavit of Service in Michigan
In Michigan, the rules governing service of process are outlined in the Michigan Rules of Civil Procedure. After completing the service, an Affidavit of Service must be filed with the court, detailing the manner in which service was completed.
Consequences of Improper Service
Failure to properly serve legal documents can have serious repercussions:
- Case Dismissal: The court may dismiss the case if service is not properly executed, as the defendant has not been given proper notice.
- Delays in Proceedings: Improper service can lead to delays, as the process must be repeated correctly, postponing the legal proceedings.
- Legal Sanctions: In some instances, improper service can result in sanctions against the party attempting service, especially if there is evidence of intentional misconduct.
Service of Process Done Right in Detroit
Even though any competent adult is allowed to serve process in Michigan by law, it is always advisable to trust this important part of the legal process to a professional, experienced private process server. A private process server will know all the relevant laws to ensure that the service is made in a legally valid manner, including completion of the Affidavit of Service. If you need process served in Detroit, or anywhere in Michigan, look no further than Accurate Serve®. Our talented team of process servers will get your documents delivered on time and provide you with an Affidavit of Service to verify that the defendant(s) were properly notified. To get started with us today, give us a call at 313-385-3703 or send us a work request online.
