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Fillable Affidavit of Service Template for California

The California Affidavit of Service form is a legal document used to confirm that a party has been properly served with court documents. This form serves as proof that the service was completed in accordance with state laws. To ensure compliance and facilitate legal proceedings, fill out the form by clicking the button below.

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Overview

The California Affidavit of Service form plays a crucial role in the legal process by documenting the delivery of legal documents to involved parties. This form serves as a formal declaration that specific documents, such as summonses or complaints, have been properly served to a defendant or other relevant individuals. It typically includes essential details such as the name of the person served, the date and time of service, and the method used for delivery. Additionally, the form requires the signature of the individual who performed the service, affirming that the information provided is accurate. This affidavit is important because it provides proof that the legal process has been initiated and helps ensure that all parties have been notified, which is a fundamental aspect of due process. Proper completion and filing of the Affidavit of Service is essential, as it can impact the progression of a case and the rights of the parties involved.

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California Affidavit of Service

This Affidavit of Service is prepared in accordance with the relevant provisions of the California Code of Civil Procedure. It serves as a formal declaration by a server to confirm that they have successfully served documents to an individual or entity involved in a legal proceeding.

Please fill in the blanks with the necessary information:

State of California )
County of ___________ ) ss.

I, ______________ (Name of Server), being duly sworn, depose and state:

I am over the age of eighteen years and not a party to the within action; my address is ____________________.
On _____________, 20__, I served the following document(s): _________________ on the interested parties in this action by:

Personal delivery to the person named ____________ at _____________ (address).
Leaving the documents with ____________ (Name), a person of suitable age and discretion, at the residence/business of the intended recipient, located at _____________.
Mailing the documents to the last known address of the individual/entity, which is _____________.
Emailing the documents to the following email address, as agreed upon by the parties: _____________.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

Executed on _____________, 20__, at _____________, California.

________________________________
Signature of Server

________________________________
Printed Name of Server

Subscribed and sworn to (or affirmed) before me on this __________ day of __________, 20__, by _________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

________________________________
Notary Public
My commission expires: _____________

⇓ Affidavit of Service PDF Form

File Characteristics

Fact Name	Description
Purpose	The California Affidavit of Service form is used to prove that legal documents have been delivered to the intended recipient.
Governing Law	This form is governed by California Code of Civil Procedure Section 417.10.
Who Can Serve	Any person over the age of 18, who is not a party to the case, can serve legal documents.
Filing Requirement	The affidavit must be filed with the court to confirm that service was completed.
Types of Documents	This affidavit can be used for various legal documents, including summons, complaints, and subpoenas.
Timeframe	Service must typically be completed within specific timeframes set by law, depending on the type of case.
Details Required	The affidavit must include details such as the date, time, and manner of service, as well as the recipient's information.
Signature	The person who served the documents must sign the affidavit, affirming that the information is true and correct.
Notarization	Notarization is not always required for the affidavit, but it can add an extra layer of credibility.
Consequences of Improper Service	If service is not properly executed, it can delay legal proceedings and may result in the dismissal of the case.

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