affidavit of service

The affidavit of service must be filed at court immediately after service.

Where the solicitor accepts service, no affidavit of service is required.

Short affidavits such as affidavits of service are well suited.

Each day the secretaries routinely typed dozens of affidavits of service and stacked them on his desk, she said.

If the demand is to be relied upon to found a petition, there must be filed at court an affidavit of service of the demand.

An affidavit of service is only required where no defence or other evidence of service is available and judgment in default is being sought.

If the plaintiff's solicitor has to swear an affidavit of service he must specifically state that first class post was used, otherwise the court will presume it was second class post.

"The biggest advantage is that it's done by sworn, uniformed officers who return with a sworn affidavit of service," said Sheriff Armando B. Fontoura of Essex County.

I have personal knowledge of a case wherein another process-serving company, in Stony Brook, submitted three fraudulent affidavits of service in an attempt to evict a disabled woman from her home.

After that is done, she said, the contractor must provide the clerk with an "affidavit of service" advising the clerk that the homeowner has been properly notified of the lien's filing.

"In or about April of 1992, I realized that many of the signatures purporting to be mine on the affidavits of service in connection with papers I had served were not my own.

This is typically achieved by the filing of an affidavit of service (also known as a proof of service), which gives enough information to allow the court to confirm that valid service has been accomplished.

"After working for Mr. Yellon for some time, I became suspicious of and highly uncomfortable with the procedures followed in connection with the signing of affidavits of service," Mr. Maturro wrote in a sworn statement last year.

If service of the demand has been acknowledged by the debtor himself or by someone authorised to accept service on the debtor's behalf, the creditor or his agent must make the affidavit of service, exhibiting a copy of the acknowledgement (r 6.11(4)).

I indicated to him that affidavits of service were legal documents, and if I ever had to testify in court as to the authenticity of my signature, I would tell the truth and indicate to the court that the signature in issue was not mine."