Affidavit of Service

AFFIDAVIT OF SERVICE

Iowa District Court — Iowa Rules of Civil Procedure Compliant Form

I. COURT CAPTION

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

Date of Filing: [__/__/____]

Court Division: ☐ Law — Civil ☐ Equity ☐ Probate ☐ Other: [________________________________]

Governing Procedural Law: Iowa Rules of Civil Procedure, Chapter 1

II. AFFIANT IDENTIFICATION AND QUALIFICATIONS

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

A. Personal Information

1. My full legal name is [________________________________].

2. My date of birth is [__/__/____].

3. My current address is [________________________________], [________________________________], Iowa [____].

4. My telephone number is [________________________________].

5. I am at least eighteen (18) years of age and am competent to testify to the matters stated herein.

B. Qualifications to Serve Process

6. My capacity to serve process in this matter is as follows (check one):

☐ Sheriff or Deputy Sheriff — I am a duly commissioned sheriff or deputy sheriff of [________________________________] County, Iowa, serving within my own county or a contiguous county pursuant to Iowa R. Civ. P. 1.303(1).

☐ Peace Officer / Bailiff / Marshal — I am a peace officer, bailiff, or marshal serving within my territorial jurisdiction pursuant to Iowa R. Civ. P. 1.303(1).

☐ Licensed Private Process Server — I am a private process server authorized to serve process under Iowa law. License/Registration No.: [________________________________].

☐ Person Authorized by Court Order — I am authorized to serve process by order of the Court dated [__/__/____], Docket No. [________________________________].

☐ Other Person Not a Party — I am a person who is not a party to this action, am at least 18 years of age, and have been designated to serve process pursuant to Iowa R. Civ. P. 1.303(2).

7. I am not a party to this action, nor am I interested in the outcome of this matter.

III. DOCUMENTS SERVED

8. On the date and in the manner described below, I served the following documents (check all that apply):

☐ Original Notice (Petition/Complaint)

☐ Petition

☐ Amended Petition / Amended Original Notice

☐ Subpoena

☐ Subpoena Duces Tecum

☐ Order to Show Cause

☐ Temporary Restraining Order / Injunction

☐ Notice of Deposition

☐ Garnishment Notice

☐ Other: [________________________________]

9. The total number of pages served was [____].

10. A true and correct duplicate copy of the documents served is attached hereto as Exhibit A.

IV. PERSON TO BE SERVED

11. The person or entity to be served in this matter is:

Name: [________________________________]

Type of Party:

☐ Individual (natural person)

☐ Corporation — Registered Agent: [________________________________]

☐ Limited Liability Company — Registered Agent: [________________________________]

☐ Partnership — Partner: [________________________________]

☐ Government Entity — Designated Agent: [________________________________]

☐ Other: [________________________________]

Known Address: [________________________________]

V. SERVICE DETAILS — DATE, TIME, AND LOCATION

12. Date of Service: [__/__/____]

13. Time of Service: [____] ☐ a.m. ☐ p.m.

14. Location of Service (Full Address):

[________________________________]

[________________________________], Iowa [____]

Location Type:

☐ Defendant's residence / dwelling house / usual place of abode

☐ Defendant's place of business / employment

☐ Registered agent's office

☐ Attorney's office (service on counsel)

☐ Public location: [________________________________]

☐ Other: [________________________________]

VI. METHOD OF SERVICE

15. Service was accomplished by the following method (check one):

A. Personal Service (Iowa R. Civ. P. 1.305(1))

☐ Direct Personal Service — I personally delivered the documents described in Section III directly to [________________________________], who is the named defendant / authorized agent / registered agent.

☐ Acknowledged Service — The person served signed and dated an Acknowledgment of Service endorsed on the Original Notice. A copy of the signed acknowledgment is attached as Exhibit B.

B. Substitute Service (Iowa R. Civ. P. 1.305(1))

☐ Service at Dwelling House or Usual Place of Abode — After diligent effort, personal service on the named defendant was impracticable. I therefore left a true and correct copy of the documents with the following person at the defendant's dwelling house or usual place of abode:

• Name of person served: [________________________________]
• Relationship to defendant: [________________________________]
• Approximate age of person served: [____]
• Description of person served: [________________________________]
• That person informed me they reside at the same address as the defendant: ☐ Yes ☐ No

☐ Service on Spouse at Other Location — I served the defendant's spouse, [________________________________], at [________________________________], having probable cause to believe the spouse resides at the defendant's dwelling house or usual place of abode pursuant to Iowa R. Civ. P. 1.305(1)(d).

C. Service by Certified Mail (Iowa R. Civ. P. 1.310)

☐ I served the documents by certified mail, return receipt requested, addressed to [________________________________] at [________________________________].

• USPS Certified Mail Tracking No.: [________________________________]
• Date mailed: [__/__/____]
• Date signed receipt returned: [__/__/____]
• Name of person who signed the receipt: [________________________________]
• The signed return receipt (green card) is attached as Exhibit C.

D. Acceptance / Voluntary Appearance

☐ Acceptance of Service — The defendant executed a written Acceptance of Service. A copy is attached as Exhibit D.

☐ Voluntary Appearance — The defendant filed a voluntary appearance in this action.

E. Service by Publication (Iowa R. Civ. P. 1.311)

☐ Service was made by publication pursuant to court order dated [__/__/____]. Publication was made in [________________________________] (name of newspaper), a newspaper of general circulation in [________________________________] County, Iowa, for [____] consecutive weeks. Proof of publication is attached as Exhibit E.

F. Court-Ordered Alternative Service (Iowa R. Civ. P. 1.306)

☐ Service was effected by alternative means pursuant to Court Order dated [__/__/____], Docket No. [________________________________]. The alternative method ordered and the manner of compliance are as follows:

[________________________________]

VII. DESCRIPTION OF PERSON ACTUALLY SERVED

16. The individual to whom the documents were physically delivered is described as follows:

• Name (stated or known): [________________________________]
• Gender: ☐ Male ☐ Female ☐ Unknown
• Approximate Age: [____]
• Approximate Height: [____]
• Approximate Weight: [____]
• Hair Color: [________________________________]
• Skin Tone: [________________________________]
• Distinguishing Features: [________________________________]
• Wearing (description of clothing): [________________________________]

VIII. DUE DILIGENCE STATEMENT — SUBSTITUTE OR ALTERNATIVE SERVICE

17. If personal service was not accomplished directly on the named defendant, describe the diligent efforts made to locate and personally serve the defendant before resorting to substitute or alternative service:

Attempt 1:

• Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.
• Location: [________________________________]
• Result: [________________________________]

Attempt 2:

• Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.
• Location: [________________________________]
• Result: [________________________________]

Attempt 3:

• Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.
• Location: [________________________________]
• Result: [________________________________]

Additional Attempts:
[________________________________]

18. Additional steps taken to locate the defendant (check all that apply):

☐ Checked known employment address(es)

☐ Contacted known family members or associates

☐ Searched public records (property records, voter registration, DMV)

☐ Performed internet/database search

☐ Checked with the United States Postal Service for forwarding address

☐ Other: [________________________________]

IX. COMPLIANCE WITH TIMING REQUIREMENTS

19. The Original Notice was filed with the Iowa District Court on [__/__/____].

20. Service was completed on [__/__/____].

21. The 90-day service deadline (pursuant to Iowa R. Civ. P. 1.302(5)) is [__/__/____].

22. ☐ Service was completed within the 90-day period.
    ☐ An extension of time for service was granted by Court Order dated [__/__/____].

X. SERVICE FEES AND MILEAGE

23. ☐ Service fees and mileage are documented as follows:

☐ No fees are claimed.

XI. ATTACHED EXHIBITS

24. The following exhibits are attached to this Affidavit:

☐ Exhibit A — Duplicate copies of all documents served

☐ Exhibit B — Signed Acknowledgment of Service

☐ Exhibit C — USPS Certified Mail Return Receipt (signed green card)

☐ Exhibit D — Written Acceptance of Service

☐ Exhibit E — Proof of Publication (publisher's affidavit)

☐ Exhibit F — Court Order authorizing alternative service

☐ Exhibit G — Photographs, GPS logs, or contemporaneous notes

☐ Exhibit [____] — [________________________________]

XII. REPRESENTATIONS AND WARRANTIES

25. I am competent under Iowa law to effect service of process.

26. All statements contained in this Affidavit are true and correct to the best of my knowledge, information, and belief.

27. I understand that willful false statements made in this Affidavit are subject to penalty of perjury under the laws of the State of Iowa (Iowa Code § 720.2).

28. I have no personal interest in the outcome of this action and have not been promised any compensation contingent upon the outcome of this matter.

XIII. OATH AND SIGNATURE OF AFFIANT

Under penalty of perjury and pursuant to Iowa Code § 622.1, I swear (or affirm) that the foregoing statements are true and correct.

Signature of Affiant:

________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

XIV. NOTARIZATION

STATE OF IOWA

COUNTY OF [________________________________]

Before me, the undersigned notary public, on this [____] day of [________________________________], [____], personally appeared [________________________________] (Affiant), who is:

☐ Personally known to me, OR

☐ Identified by the following satisfactory evidence of identity: [________________________________]

and, being first duly sworn upon oath, stated that the facts set forth in this Affidavit of Service are true and correct.

Notary Signature:

________________________________________

Printed Name of Notary: [________________________________]

Notary Public in and for the State of Iowa

Commission Number: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

Note: Iowa recognizes both in-person and remote online notarization pursuant to Iowa Code Chapter 9B. If this affidavit is notarized remotely, ensure compliance with Iowa Code § 9B.14A (Remote Notarial Acts).

XV. SPECIAL NOTES FOR IOWA PRACTICE

Officer Returns Without Affidavit

Pursuant to Iowa R. Civ. P. 1.308(2), sheriffs, deputy sheriffs, and certain other peace officers, bailiffs, or marshals may make unsworn returns of original notices served by them within their jurisdictional territory. The court takes judicial notice of such officers' signatures. This affidavit form is required for all other persons making service.

Amendment of Return

Pursuant to Iowa R. Civ. P. 1.309, the return of service may be amended at any time by leave of court, and such amendment shall relate back to the date of service. If an error is discovered in this return, counsel should promptly seek leave to amend.

Filing Requirements

Pursuant to Iowa R. Civ. P. 1.308(1), the affidavit of service, with a duplicate copy of all papers served attached thereto, shall be forthwith filed with the court. Proof of service should be filed promptly and in any event within the time during which the person served must respond to the process.

PRACTITIONER CHECKLIST

☐ Confirmed affiant is at least 18 years of age and not a party to the action

☐ Verified proper method of service under Iowa R. Civ. P. 1.305 or applicable rule

☐ Confirmed service was completed within 90 days of filing (Iowa R. Civ. P. 1.302(5))

☐ Attached duplicate copies of all documents served (Iowa R. Civ. P. 1.308(1))

☐ For substitute service: documented diligent efforts and facts showing compliance with Iowa R. Civ. P. 1.305(1)

☐ For certified mail service: attached signed return receipt

☐ Obtained proper notarization (unless affiant is an officer permitted to make unsworn returns)

☐ Filed affidavit with the court promptly after service

☐ Verified return states the time, manner, and place of service per Iowa R. Civ. P. 1.308(3)

☐ Calendar the defendant's response deadline (typically 20 days after service)

Sources and References

• Iowa Rules of Civil Procedure, Chapter 1: https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/1.pdf
• Iowa R. Civ. P. 1.302 — Methods and time for service of original notice
• Iowa R. Civ. P. 1.303 — Who may serve original notice
• Iowa R. Civ. P. 1.305 — Personal service on individuals, corporations, and other entities
• Iowa R. Civ. P. 1.306 — Alternate method of service (court-ordered)
• Iowa R. Civ. P. 1.308 — Return and proof of service by affidavit
• Iowa R. Civ. P. 1.309 — Amendment of return
• Iowa R. Civ. P. 1.310 — Service by mail
• Iowa R. Civ. P. 1.311 — Service by publication
• Iowa Code § 622.1 — Affidavit requirements
• Iowa Code § 622A.1 — Uniform Unsworn Foreign Declarations Act
• Iowa Code § 720.2 — Perjury
• Iowa Code Chapter 9B — Notarial Acts
• Iowa Judicial Branch Civil Forms: https://www.iowacourts.gov/browse/files/categories/bae5ab50017040fc95fe7427d03361a1