The Difference Between Affidavit of Service and Return of Service

Most legal matters require you to notify the other parties to the case of the action being taken against them. This requires service of process from a sheriff’s department or private process server. But how does the court know that service of legal documents was made and made properly? This is done through the filing of an affidavit of service or return of service.

When a summons and complaint or petition is filed with the courts, it must be served to the other parties of the case. Each person that is party to the case must receive their own copy of the documents, even if they live in the same household or work at the same company. These legal documents contain a return of service page, which allows the sheriff delivering the papers to note that service was made, how, and to whom, along with the officer’s signature.

If you have a private process server deliver the legal papers, they must file an affidavit of service. Even though the process server is deemed legally able to deliver the papers just like a sheriff or their deputies, because they are not civil servants they must provide an affidavit of service that is signed and notarized.

If you are needing more information about how to serve papers in your legal case, contact us today for assistance.