Service Affidavit
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AFFIDAVIT OF SERVICE

[// GUIDANCE: Use this form to prove service of any pleading, notice, subpoena, or other paper in a civil action pending in a Georgia court. Customize all bracketed fields and delete these guidance comments before filing.]


TABLE OF CONTENTS

  1. Document Header
  2. Definitions
  3. Affiant’s Statements (Operative Provisions)
  4. Representations & Warranties
  5. Default & Remedies (Filing Compliance)
  6. General Provisions
  7. Execution & Notarization

1. DOCUMENT HEADER

IN THE [✔ SUPERIOR / STATE / PROBATE / MAGISTRATE] COURT OF [COUNTY] COUNTY
STATE OF GEORGIA

Plaintiff: [PLAINTIFF NAME]
Defendant: [DEFENDANT NAME]

Civil Action File No.: [____]

AFFIDAVIT OF SERVICE
Effective Date: [DATE OF EXECUTION]
Governing Procedural Law: Official Code of Georgia Annotated (“O.C.G.A.”) § 9-11-4 & related provisions
Forum Selection: State Court of Georgia


2. DEFINITIONS

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

“Action” means the above-captioned civil proceeding pending before the Court.
“Affiant” means the undersigned individual executing this Affidavit of Service.
“Documents” means each pleading, notice, subpoena, summons, writ, order, or other paper listed in Section 3.03 below.
“Recipient” means the person or entity upon whom service was effected, as identified in Section 3.04.
“Service” means the delivery of the Documents in compliance with O.C.G.A. § 9-11-4.
“Substitute Service” means Service effected on a person other than the named defendant or respondent pursuant to O.C.G.A. § 9-11-4(e)(7) (dwelling house/usual place of abode) or other applicable subsection.


3. AFFIANT’S STATEMENTS (OPERATIVE PROVISIONS)

3.01 Capacity & Competence

  1. I, [NAME OF PROCESS SERVER], am over the age of eighteen (18) years, am competent to testify, and am not a party to, or otherwise interested in, the outcome of this Action.
  2. I am:
    a. [✔] A sheriff, deputy sheriff, or marshal duly authorized in the State of Georgia; or
    b. [✔] A permanent process server appointed under a standing order of this Court; or
    c. [✔] A specially-appointed process server for this Action, per the order dated [DATE].

3.02 Date, Time & Location of Service

Service was effected on [DATE OF SERVICE] at [TIME OF SERVICE] (EST) at the following location:
[STREET ADDRESS, CITY, COUNTY, STATE, ZIP].

3.03 Documents Served

The following Documents were personally delivered (or delivered via Substitute Service, as indicated) to the Recipient:
1. [Document 1]
2. [Document 2]
3. [Add additional lines as needed]

3.04 Recipient Identification

Service was made upon:
• Name: [FULL LEGAL NAME]
• Capacity: [✔ Individual / Registered Agent / Officer / “Person of Suitable Age & Discretion”]
• Relationship to Defendant (if Substitute Service): [e.g., “Spouse,” “Roommate,” “Managing Agent,” etc.]
• Physical Description (optional for proof purposes): [HEIGHT, WEIGHT, APPROX. AGE, ETC.]

3.05 Method of Service

[Select one or more and delete the rest]
1. [✔] Personal Service—hand-delivered directly to the Recipient (O.C.G.A. § 9-11-4(e)(7)).
2. [✔] Substitute Service at the Defendant’s dwelling house or usual place of abode on a person of suitable age and discretion (O.C.G.A. § 9-11-4(e)(7)).
3. [✔] Service on Registered Agent of a domestic or foreign corporation (O.C.G.A. § 9-11-4(e)(1)).
4. [✔] Certified Mail, return-receipt-requested, to the address provided in the Complaint (O.C.G.A. § 9-11-4(e)(9))—applicable only where statute expressly authorizes.

3.06 Attempts Log (If Personal Service Unsuccessful Initially)

  1. Attempt #1: [DATE / TIME] — [Result]
  2. Attempt #2: [DATE / TIME] — [Result]
  3. Attempt #3: [DATE / TIME] — [Result]
    [// GUIDANCE: Attach additional pages if more than three attempts were made.]

3.07 Fees & Mileage

I received $[AMOUNT] for service fees and $[AMOUNT] for mileage, tendered in advance [✔] / after service [✔] / not applicable.


4. REPRESENTATIONS & WARRANTIES

  1. I affirm that the foregoing statements are true and correct to the best of my personal knowledge, information, and belief.
  2. I further affirm that Service was effected in full compliance with the requirements of O.C.G.A. § 9-11-4 and any applicable local rules or standing orders of this Court.

[// GUIDANCE: These representations carry the weight of sworn testimony; any false statement may subject the Affiant to penalties for perjury under O.C.G.A. § 16-10-71.]


5. DEFAULT & REMEDIES (FILING COMPLIANCE)

5.01 Filing Deadline
Pursuant to O.C.G.A. § 9-11-4(h), this Affidavit of Service shall be filed with the clerk of court not later than five (5) business days after the date of Service. Failure to file within said period does not invalidate Service but may delay the entry of default or other relief.

5.02 Court Remedies
If this Affidavit is defective or untimely, the Court may, sua sponte or on motion, require supplemental proof of service, impose costs, or extend response deadlines as justice requires.


6. GENERAL PROVISIONS

6.01 Severability
If any portion of this Affidavit is found invalid or unenforceable, the remaining portions shall remain in full force and effect.

6.02 Counterparts; Electronic Signatures
This Affidavit may be executed in counterparts, each of which shall be deemed an original, and signatures transmitted via facsimile or secure electronic means (e.g., PDF, DocuSign) shall be treated as originals for all purposes.

6.03 Integration
This Affidavit constitutes the sole and entire statement of proof regarding the Service described herein and supersedes all prior or contemporaneous statements, whether oral or written, relating thereto.


7. EXECUTION & NOTARIZATION

I declare under penalty of perjury that the foregoing is true and correct.


[NAME OF PROCESS SERVER], Affiant
[PROCESS SERVER’S ADDRESS]
[PHONE] | [EMAIL]
Georgia Process Server ID#: [ID OR “N/A”]
Date: [DATE OF SIGNING]

STATE OF GEORGIA )
COUNTY OF [__] )

Subscribed, sworn to, and acknowledged before me this ___ day of _, 20.


Notary Public

My Commission Expires: ________
(Notary Seal)


[// GUIDANCE: File the executed original with the clerk and retain a conformed copy for your records.]

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