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:
- “Action” means the civil action identified in the caption above.
- “Service Documents” means the documents delivered pursuant to this Affidavit, specifically:
a. [Summons];
b. [Complaint]; and
c. [Any additional pleadings, notices, or exhibits]. - “Service Date” means [MM/DD/YYYY], the calendar date on which service was completed as described herein.
- “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]. - “Subject Address” means the physical address where Service Documents were delivered: [FULL STREET ADDRESS, CITY, STATE, ZIP].
- “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
-
Competency. Affiant is of sound mind, at least eighteen (18) years of age, and competent to testify to the matters set forth herein.
-
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.
-
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] -
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”).
-
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.]
- 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.”
-
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. -
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]. -
Statement of Truthfulness. The foregoing statements are true and correct to the best of Affiant’s knowledge, information, and belief.
-
Further Affiant Sayeth Naught.
IV. REPRESENTATIONS & WARRANTIES
- Affiant represents that service was effected in strict compliance with Ala. R. Civ. P. 4 and all other applicable laws and court rules.
- 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.
- 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
- Amendment. Affiant may correct clerical errors in this Affidavit via a signed and notarized amendment filed with the Court.
- Severability. If any provision herein is deemed invalid, the remainder shall remain in full force and effect.
- 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).]