When to use an Affidavit of Non-Service?
When the process server is unable to serve the defendant (either because the defendant is evading or the defendant's address is incorrect, among other reasons), they fill out this form to show the court all of the attempts they’ve made. The court typically uses this history of attempts to decide the next step of the case - be it to dismiss the case, or provide the plaintiff with alternative service options.
This form asks for case information, detailed descriptions of each attempt to serve the defendant, and the process server's contact information. It is also sometimes referred to as a Proof of Non-Service or Declaration of Due Diligence.
How to file an Affidavit of Non-Service?
The complete Affidavit of Non-Service needs to be filed to the court where the case is being heard. Common methods include:
- In-person filing
- Mail filing
- Fax filing
- Online filing
Accepted filing methods vary from courthouse to courthouse, so be sure to contact the courthouse for instructions.