Affidavit of Service (Return of Service)

AFFIDAVIT OF SERVICE

Alabama Circuit Court / District Court

CASE CAPTION

IN THE [________________________________] COURT OF [________________________________] COUNTY, ALABAMA

[________________________________],

Plaintiff(s),

v.

Case No.: [________________________________]

[________________________________],

Defendant(s).

AFFIDAVIT OF SERVICE

SECTION 1: AFFIANT INFORMATION

I, [________________________________] ("Affiant"), being first duly sworn upon oath, depose and state as follows:

1.1 Affiant Qualifications

1. I am over the age of eighteen (18) years.

2. I am not a party to the above-captioned action.

3. I am of sound mind and competent to testify to the matters stated herein from personal knowledge.

4. My authorization to serve process in Alabama is based on the following (select one):

☐ Sheriff / Deputy Sheriff — I am a duly appointed sheriff or deputy sheriff of [________________________________] County, Alabama, and authorized to serve process pursuant to Ala. R. Civ. P. 4(c)(1).
- Badge No.: [________________________________]

☐ Constable — I am a duly appointed constable authorized to serve process in [________________________________] County, Alabama.

☐ Court-Appointed Special Process Server — I am a person specially appointed by the Court to serve process in this action by order dated [__/__/____], pursuant to Ala. R. Civ. P. 4(c)(1).

☐ Private Process Server — I am a competent person over the age of 18, not a party to this action, authorized to serve process pursuant to Ala. R. Civ. P. 4(c)(1).
- License / Registration No. (if applicable): [________________________________]

☐ Attorney of Record / Attorney's Agent — I am an attorney admitted to practice in Alabama or an agent of such attorney, serving documents as permitted by Ala. R. Civ. P. 4(e) (certified mail service).

1.2 Affiant Contact Information

SECTION 2: DOCUMENTS SERVED

I served the following document(s) on behalf of the ☐ Plaintiff / ☐ Defendant in the above-captioned action:

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Type of Location:

☐ Defendant's residence or usual place of abode

☐ Defendant's place of business or employment

☐ Registered agent's office

☐ Secretary of State's office (for foreign corporation service)

☐ Other: [________________________________]

SECTION 4: PERSON SERVED

4.1 Identity of Person Served

(Select one)

☐ Individual Defendant — I served the documents directly upon the named defendant:

Name as shown on summons: [________________________________]

☐ Substitute Service Recipient — I left the documents with the following person at the defendant's usual place of abode, as permitted under Ala. R. Civ. P. 4(c)(1):

☐ Corporate / LLC Registered Agent — I served the documents upon the registered agent of the entity defendant pursuant to Ala. R. Civ. P. 4(c)(6):

☐ Corporate Officer / Managing Agent — I served the documents upon an officer, partner, or managing agent of the entity defendant:

☐ Secretary of State — I served the documents upon the Alabama Secretary of State as statutory agent for a foreign corporation pursuant to Ala. Code § 10A-1-5.32:

☐ Partnership / Unincorporated Association — I served the documents upon a partner or managing agent:

☐ State of Alabama — I served the documents upon the Attorney General of Alabama pursuant to Ala. R. Civ. P. 4(c)(5).

☐ Other — I served the documents upon: [________________________________]

Basis for service: [________________________________]

SECTION 5: METHOD OF SERVICE

(Select the applicable method and complete all required details)

☐ 5A. Personal Service — Ala. R. Civ. P. 4(c)(1)

I personally delivered true and correct copies of the above-described documents directly into the hands of the person named in Section 4 above. As required by Ala. R. Civ. P. 4(f), I endorsed on the return copy of the process the fact of service, the date of service, and the first and last name of the person served.

☐ 5B. Substitute Service (Abode Service) — Ala. R. Civ. P. 4(c)(1)

The defendant was unavailable for personal service. I left true and correct copies of the above-described documents at the defendant's usual place of abode with the person identified in Section 4 above, who is a person of suitable age and discretion residing at that address. As required by Rule 4(f), the return includes sufficient information to show the person served qualifies under the rule.

☐ 5C. Service by Certified Mail — Ala. R. Civ. P. 4(e)

I (or the attorney/party) mailed true and correct copies of the above-described documents via certified mail, return receipt requested, to the defendant at the address stated in Section 3 above.

☐ Return receipt (green card) is attached hereto as Exhibit [____].

☐ Return receipt has not yet been returned.

☐ Delivery was restricted to addressee only.

Note: Under Ala. R. Civ. P. 4(e), service by certified mail is deemed complete and the time for answering runs from the date of delivery to the named addressee or the addressee's agent as evidenced by signature on the return receipt.

Affidavit of Certified Mailing: I, [________________________________], hereby verify that a filed copy of the process and complaint was mailed by certified mail in accordance with Ala. R. Civ. P. 4(e) on [__/__/____].

☐ 5D. Service by Publication — Ala. R. Civ. P. 4.3

Service was accomplished by publication in [________________________________] (name of newspaper), a newspaper of general circulation in [________________________________] County, Alabama, as authorized by court order.

☐ Publisher's affidavit of publication is attached hereto as Exhibit [____].

☐ A copy of the notice as published is attached as Exhibit [____].

☐ 5E. Court-Ordered Alternative Service — Ala. R. Civ. P. 4.4

Service was made by the method authorized by court order dated [__/__/____].

Method ordered: [________________________________]

☐ A copy of the court order authorizing this method of service is attached hereto as Exhibit [____].

☐ 5F. Service Outside Alabama — Ala. R. Civ. P. 4.2

I served the defendant outside the State of Alabama at the following location, in the manner authorized by Ala. R. Civ. P. 4.2:

SECTION 6: DESCRIPTION OF PERSON SERVED

(Required for Personal Service and Substitute Service)

SECTION 7: DUE DILIGENCE FOR SUBSTITUTE, PUBLICATION, OR ALTERNATIVE SERVICE

(Complete this section ONLY if personal service was not accomplished)

7.1 Attempts at Personal Service

7.2 Investigation to Locate Defendant

(If requesting service by publication under Ala. R. Civ. P. 4.3, the affidavit must show diligent efforts to locate the defendant)

☐ Searched public records (property records, voter registration, motor vehicle records)

☐ Contacted last known employer: [________________________________]

☐ Contacted relatives or known associates: [________________________________]

☐ Searched online databases and social media

☐ Checked forwarding address with U.S. Postal Service

☐ Visited last known address on [__/__/____] — Result: [________________________________]

☐ Other investigation steps: [________________________________]

7.3 Reason Personal Service Was Impractical

[________________________________]

SECTION 8: SERVICE FEES AND COSTS

☐ No fee was charged for service.

☐ Fee receipt is attached as Exhibit [____].

SECTION 9: NON-MILITARY STATUS DECLARATION

(Recommended for default judgment proceedings under the Servicemembers Civil Relief Act)

☐ To the best of Affiant's knowledge, information, and belief, the individual served ☐ is / ☐ is not on active duty with the United States Armed Forces as defined in the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.

☐ A search of the Department of Defense Manpower Data Center (DMDC) was conducted on [__/__/____].

☐ DMDC Certificate is attached as Exhibit [____].

SECTION 10: ADDITIONAL STATEMENTS

[________________________________]

(Use this section for any additional information relevant to service, such as unusual circumstances, the defendant's response at the time of service, refusal of service, or any other facts the court should know.)

SECTION 11: DECLARATION AND OATH

I, [________________________________], declare and swear under penalty of perjury under the laws of the State of Alabama that:

1. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

2. I understand that any person who knowingly makes a false statement under oath is subject to prosecution for perjury pursuant to Ala. Code § 13A-10-108 (Perjury in the First Degree), a Class C felony.

3. I have personally performed the acts of service described in this Affidavit.

4. All acts of service were performed in strict conformity with the Alabama Rules of Civil Procedure and any specific order of the Court.

SECTION 12: EXECUTION AND NOTARIZATION

Executed on [__/__/____], at [________________________________], Alabama.

_______________________________________________

[________________________________] (Printed Name of Affiant)

Affiant / Process Server

STATE OF ALABAMA      )

                                        )

COUNTY OF [________________________________]  )

Subscribed and sworn to (or affirmed) before me this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

_______________________________________________

Notary Public, State of Alabama

My Commission Expires: [__/__/____]

(NOTARY SEAL)

SECTION 13: ATTACHMENTS CHECKLIST

☐ Exhibit A — Copy of certified mail receipt / green card (if service by certified mail)

☐ Exhibit B — Affidavit of Certified Mailing of Process and Complaint (if service under Ala. R. Civ. P. 4(e))

☐ Exhibit C — Court order authorizing publication or alternative service (if applicable)

☐ Exhibit D — Publisher's affidavit of publication and copy of published notice (if service by publication)

☐ Exhibit E — Additional return sheets for multiple parties served

☐ Exhibit F — Fee receipt (if applicable)

☐ Exhibit G — DMDC Non-Military Status Certificate (if applicable)

☐ Exhibit H — Photographs or GPS time-stamped proof of service location

☐ Exhibit I — Other: [________________________________]

SECTION 14: ALABAMA-SPECIFIC PRACTICE NOTES

Who May Serve Process in Alabama (Ala. R. Civ. P. 4(c))

Under Alabama law, process may be served by:

• Sheriff or Deputy Sheriff — The sheriff of the county in which service is to be made may serve any process.
• Court-Appointed Person — The court may specially appoint any person not a party who is at least 18 years old to serve process.
• Any Competent Person — For certain types of service (e.g., certified mail under Rule 4(e)), the plaintiff's attorney or the attorney's agent may effectuate service.
• Private Process Server — Alabama does not have a formal licensing system for private process servers, but servers must be at least 18 and not a party to the action.

Return of Service Requirements (Ala. R. Civ. P. 4(f))

Under Rule 4(f), when the copy of the process has been delivered:

• The server must endorse on the return copy the fact of service, the date of service, and the first and last name of the person served.
• If substitute service was used, the return must include sufficient information to show the person served qualifies under Rule 4(c) as a person of suitable age and discretion at the defendant's usual residence.
• The return must be signed by the server and filed with the clerk of the issuing court.

Service by Certified Mail (Ala. R. Civ. P. 4(e))

When service is by certified mail:

• The attorney or party must immediately file an "Affidavit of Certified Mailing of Process and Complaint" verifying the mailing.
• Service is deemed complete and the time for answering runs from the date of delivery to the named addressee or addressee's agent as evidenced by signature on the return receipt.
• If the certified mail is returned as undeliverable, service has not been accomplished and another method must be used.

Service by Publication (Ala. R. Civ. P. 4.3)

Service by publication is available when:

• The defendant's identity or whereabouts is unknown despite diligent effort to locate the defendant.
• The plaintiff must file an affidavit of diligent search before the court will authorize publication.
• Publication must be in a newspaper of general circulation in the county, once a week for four consecutive weeks under Rule 4.3(d).
• After the last publication, the publisher must file an affidavit showing the fact of publication.

120-Day Service Deadline

Under Ala. R. Civ. P. 4(b), if service is not made upon a defendant within 120 days after filing of the complaint, the court, upon motion or on its own initiative, shall dismiss the action without prejudice or direct that service be effected within a specified time.

False Statements — Perjury

Under Ala. Code § 13A-10-108, a person commits perjury in the first degree if, in any official proceeding, the person swears falsely and the false statement is material. Perjury in the first degree is a Class C felony.

Sources and References

• Alabama Rules of Civil Procedure, Rule 4: Alabama Judicial System
• Alabama Rules of Civil Procedure, Rule 4.3: Alabama Judicial System
• Alabama Process Serving Laws Overview: ServeNow
• Alabama Service of Process Rules and Methods: Undisputed Legal
• Alabama Rules of Civil Procedure Guide: Undisputed Legal
• Alabama Service of Process Rules and Requirements: LegalClarity