What is an affidavit of service?

An affidavit of service — also called a proof of service, POS, or return of citation — is the sworn document that proves to the court that a party was properly served.

Without a valid affidavit on file, the case cannot move forward. The court may strike pleadings, vacate judgments, or dismiss the case entirely for service defects.

What must be in the affidavit

Each state has its own form, but every affidavit must include:

• Server's identity and (where required) license / registration number
• Date, time, and exact address of service
• Manner of service (personal, substituted, posting, etc.)
• Name of person served — or their physical description if name not given
• List of documents served
• A declaration under penalty of perjury that the statements are true
• The server's signature

California's CCP §2015.5 is the gold-standard format and is followed (with variations) in most states.

Diligence documentation for sub-service

If sub-service was used, the affidavit must also document each prior attempt at personal service:

• Date + time + address of each attempt
• Outcome of each attempt
• Any observations (lights on, car in driveway, neighbor confirmed they live there)

Servd captures all of this automatically via the server's voice log + GPS + photos. The affidavit is generated within 24 hours of the final attempt.

Common errors that void service

• Wrong defendant name spelling
• Wrong address
• Missing diligence documentation for sub-service
• Missing notary (in states that require notarization)
• Server signature in wrong color or wrong format
• Missing court case number

Servd's AI cross-checks every affidavit against the underlying case caption + the server's field log before it's signed, so these errors don't ship.

E-signing and filing

Most courts now accept e-signed affidavits via DocuSign or similar. Servd e-signs every affidavit by default and can auto-file with the court via Tyler File & Serve integration in supported jurisdictions.