Service Affidavit
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AFFIDAVIT OF SERVICE

State of Alabama
[__] County

IN THE [_] COURT OF [_] COUNTY, ALABAMA
Case No.: [
______]

[PLAINTIFF NAME(S)],
Plaintiff(s),

v.

[DEFENDANT NAME(S)],
Defendant(s).

I. DOCUMENT HEADER

1. Title

Affidavit of Service (pursuant to Ala. R. Civ. P. 4)

2. Recitals

I, [FULL LEGAL NAME OF AFFIANT] (“Affiant”), being first duly sworn, depose and state as follows for the purpose of establishing valid service of process in the above-captioned matter.

3. Effective Date

This Affidavit is executed on [DATE OF EXECUTION] (“Execution Date”).


II. DEFINITIONS

For purposes of this Affidavit, the following capitalized terms shall have the meanings set forth below:

  1. “Action” means the civil action identified in the caption above.
  2. “Service Documents” means the documents delivered pursuant to this Affidavit, specifically:
    a. [Summons];
    b. [Complaint]; and
    c. [Any additional pleadings, notices, or exhibits].
  3. “Service Date” means [MM/DD/YYYY], the calendar date on which service was completed as described herein.
  4. “Service Method” means the manner of service utilized, selected from those authorized under Ala. R. Civ. P. 4, including:
    a. Personal delivery;
    b. Certified mail, restricted delivery, return-receipt requested;
    c. Residence/abode delivery to a person of suitable age and discretion (“Substitute Service”);
    d. Service on a registered agent; or
    e. Other: [specify].
  5. “Subject Address” means the physical address where Service Documents were delivered: [FULL STREET ADDRESS, CITY, STATE, ZIP].
  6. “Substitute Recipient” (only if Substitute Service was used) means [NAME, AGE, RELATIONSHIP], a person of suitable age and discretion who resides at the Subject Address.

[// GUIDANCE: Delete Definition 6 if service was not by substitute delivery.]


III. OPERATIVE STATEMENTS

  1. Competency. Affiant is of sound mind, at least eighteen (18) years of age, and competent to testify to the matters set forth herein.

  2. Non-Party Status. Affiant is not a party to the Action nor an agent or employee of any party, and has no interest in the outcome of the Action.

  3. Authority. Affiant is authorized to serve process in the State of Alabama and, where applicable, is duly appointed by the [Sheriff/Clerk of Court] of [_] County, Alabama.
    • Badge/Permit No.: [_
    ]
    • Appointment Expiration (if any): [MM/DD/YYYY]

  4. Receipt of Service Documents. On [MM/DD/YYYY], Affiant received the Service Documents from [NAME OF ATTORNEY / LAW FIRM] for the purpose of effectuating service upon [NAME OF PARTY SERVED] (“Recipient”).

  5. Attempts Prior to Completion.
    a. Attempt No. 1 – Date/Time: [MM/DD/YYYY – HH:MM a/p.m.]; Result: [e.g., No answer].
    b. Attempt No. 2 – Date/Time: [MM/DD/YYYY – HH:MM a/p.m.]; Result: [e.g., Left card].
    c. Attempt No. 3 – Date/Time: [MM/DD/YYYY – HH:MM a/p.m.]; Result: Service completed.

[// GUIDANCE: Add or remove attempt lines as necessary. Alabama does not mandate a minimum number of attempts, but multiple attempts demonstrate due diligence, especially before employing Substitute Service.]

  1. Manner and Details of Service. On the Service Date, Affiant served the Recipient using the Service Method described below:
Service Method Statutory Basis Detailed Facts
[PERSONAL / CERTIFIED MAIL / SUBSTITUTE] Ala. R. Civ. P. 4(c) [Describe exactly how documents were delivered; include Recipient’s physical description, acknowledgment, and any identifying information.]

Example (Personal):
“At 7:42 p.m. on 06/15/2025, Affiant personally delivered one copy each of the Service Documents to John Q. Public, a white male approximately 45 years of age, 5'10", 185 lbs., at the Subject Address. Recipient confirmed his identity and accepted the documents without refusal.”

  1. Time Compliance. Service was completed within:
    a. One hundred twenty (120) days of filing the Complaint, satisfying Ala. R. Civ. P. 4(b); and
    b. [Thirty (30) days] of Affiant’s receipt of the Service Documents, satisfying internal counsel directives.

  2. Documentary Proof (attach as Exhibit “A”):
    • Signed green return-receipt card (USPS Form 3811) OR
    • Affiant’s contemporaneous notes and photographs OR
    • [Other documentary evidence].

  3. Statement of Truthfulness. The foregoing statements are true and correct to the best of Affiant’s knowledge, information, and belief.

  4. Further Affiant Sayeth Naught.


IV. REPRESENTATIONS & WARRANTIES

  1. Affiant represents that service was effected in strict compliance with Ala. R. Civ. P. 4 and all other applicable laws and court rules.
  2. Affiant warrants that no additional fee or gratuity beyond the agreed lawful service fee has been accepted, promised, or demanded in connection with this service.
  3. These representations and warranties shall survive the filing of this Affidavit with the Court.

V. COVENANTS & RESTRICTIONS

[Intentionally Omitted – Not applicable to an affidavit.]


VI. DEFAULT & REMEDIES

[Intentionally Omitted – Not applicable to an affidavit.]


VII. RISK ALLOCATION

[Intentionally Omitted – Not applicable to an affidavit.]


VIII. DISPUTE RESOLUTION

[Intentionally Omitted – Not applicable to an affidavit.]


IX. GENERAL PROVISIONS

  1. Amendment. Affiant may correct clerical errors in this Affidavit via a signed and notarized amendment filed with the Court.
  2. Severability. If any provision herein is deemed invalid, the remainder shall remain in full force and effect.
  3. Integration. This Affidavit embodies the entire statement of service and supersedes all prior oral or written statements by Affiant regarding the service described.

X. EXECUTION BLOCK


[NAME OF AFFIANT]
[Official Title, if any]
Date: ____
STATE OF ALABAMA )
COUNTY OF [
_____] )

Subscribed and sworn to (or affirmed) before me on this _ day of __, 20_, by [NAME OF AFFIANT], who is personally known to me or who has produced _____ as identification.


[NOTARY PUBLIC SIGNATURE]
Notary Public, State of Alabama
My Commission Expires: __
(Seal)


[// GUIDANCE:
1. File this Affidavit promptly with the Clerk of the Court.
2. Attach all referenced exhibits.
3. Retain a copy for Affiant’s records.
4. Verify that the notarial block conforms to any recent changes in Alabama notary law (e.g., remote notarization requirements, if applicable).]

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