The Importance of Your Proof of Service

When serving legal documents, the final step in your process is one of the most important – providing proof of your service to your Client. A sloppy or incorrect document provided to your Client can cause issues, ranging from having to re-generate the document all the way to imperiling the success of your Client’s case. In this article, we discuss the process of generating an accurate and correctly formatted proof.

What is a Proof of Service?

A Proof of Service is your written statement or declaration of the facts of the service. The Proof may provide either the details of a successful service or the record of unsuccessful attempts to serve, resulting in a non-serve.

You will often hear several terms with regards to Proof of Service. While some are synonymous, there is an important distinction as to who needs to sign the statement.

• Proof of Service, Verified Return of Service, or Return of Service. These are all terms for the written or printed statement of facts by the process server stating under penalty of perjury that the facts stated are true and correct. This type of proof is only signed by the process server.
• Affidavit, Affidavit of Service, or Sworn Affidavit. These are written or printed statements of facts affirmed before a person having authority to take the affirmation. These documents require both the process server signature and the signature of a Notary Public.

In other words, all Affidavits are Proofs of Service, but not all Proofs of Service are Affidavits.

Why is My Proof of Service so Important?

The purpose of serving process is to notify:

• a defendant that they are being sued, tell them the nature of the litigation, give them an opportunity to defend and confer jurisdiction over the defendant's person.
• a witness they are required to provide information to the court, either by turning over documents or by appearing in person to give testimony.

Your Proof is your sworn statement that notifies the court that the defendant or witness has been informed of the legal action and starts the clock ticking for them to respond within the required timeframe. Because of its importance in the legal process, your Proof declares under penalty of perjury the facts stated are true and correct. You can be charged with criminal penalties and may also be subject to a civil suit filed by the parties if your Proof is found to be untrue or inaccurate.

Preparing your Proof – “Just the Facts Ma’am”

It is important to understand the rules that govern the court and state for the Proof you create. First and foremost, verify if you only need to only submit a Proof of Service, or if you need an Affidavit with notary signature. Second, determine if there are specific forms and/or formats required by the State. Finally, ensure you complete all elements of the form or include all data elements required. In general, your Affidavit or Return of Service should include the following elements:

• 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
• A list of the documents you served (e.g. Summons, Complaint, Notice of Lis Pendens, etc.)
• The date and time you received the documents from your Client
• The date and time of service or – for a non-serve – the date and time of the last attempt made
• The address of service
• The type of service (example: Individual, corporate, etc.)
• The manner of service (example: personally delivered, substitute, mail, etc.)
• If you served the process to any person other than the named person, you will need to state the name of the person you 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

Ensure your statement contains all information required, is concise, and legible. Be sure to avoid including personal statements or judgements about the serve. Your role is to be a disinterested party to the action, so don’t let your personal interactions with anyone you meet in conjunction with the serve color your narrative, making you come across as biased or confrontational. For more thoughts on professionalism, see our article on Professionalism When Serving.

If you are a process server that works with a company where the office prepares your Proof for you, read the entire document to confirm the information is accurate before you sign it. You must be able to attest to the details of your statement, possibly in court.

Timing – Don’t Delay!

Accuracy isn’t the only important consideration – getting your Proof of Service submitted in a timely matter is also required. You should provide your Proof to your Client as soon as possible. Many states require you to provide your Proof to the court within the same time period the person to be served has to answer, some state within 10 days. Do not delay – make it a habit to prepare your Proofs within 24-36 hours of service.

Use Technology to Your Advantage

Process server software providers, such as PST, are invaluable in generating accurate and legible Proofs of Service and Affidavits. These solutions allow you to enter jobs, keep track of your service attempts (manually and/or with a mobile app), and prepare your Proof or Affidavit. The software has pre-set types of service that you can customize for your state, which can be a big time-saver versus manually typing up each document. Using this technology allows you to focus on what you do best – serving process while ensuring timely, accurate affidavits to your Client.

Electronic Signature on Returns of Service

In some states an electronic signature is permitted. This means you can affix your signature on a Proof or Return of Service electronically and provide to your Client automatically by email for court filing. Additionally, some states may require you to affirm which documents you served by including a copy of those documents with the Proof or Return of Service. In PST, you can review the proposed Return of Service online, and mark it to include the copy of the Summons, Subpoena or Writ, which will affix your electronic signature and your endorsement, after entering your password.

If an Affidavit of Service is required, it could be completed online with a remote notary public. Keep in mind that there are specific rules for the notary to comply with, including additional insurance, education, and specialized software. Learn more about Florida Remote Notaries in our article.

Keep your Proofs Handy….. Just in Case

The Proof is the final work product provided to the court that summarizes your service, or details of your attempts in the form of a non-service Proof. Keep records of your attempts, your field notes, and a copy of your Proof in case the service is ever challenged in court. You can read more about record keeping in this article.