Affidavit of Service (Return of Service)

AFFIDAVIT OF SERVICE

Indiana Trial Court

CASE CAPTION

STATE OF INDIANA      )

                                        ) SS:

COUNTY OF [________________________________]  )

IN THE [________________________________] COURT OF [________________________________] COUNTY

Cause No.: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

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 competent to testify to the matters stated herein from personal knowledge.

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

☐ Sheriff / Deputy Sheriff — I am a duly appointed sheriff or deputy of [________________________________] County, Indiana, authorized to serve process pursuant to Ind. R. Trial P. 4.1(A)(2).

☐ Person Authorized by Court Order — I am a person specifically authorized by the Court to serve process in this action by order dated [__/__/____].

☐ Any Person Not a Party (for Certified Mail) — I am a person not a party to this action and not less than eighteen (18) years of age, effectuating service by registered or certified mail pursuant to Ind. R. Trial P. 4.1(A)(1).

☐ Private Process Server — I am a competent person over the age of 18, not a party to this action, serving process as permitted under the Indiana Rules of Trial Procedure.

☐ Clerk of Court — I am the clerk of the court issuing the summons, sending service by registered or certified mail pursuant to Ind. R. Trial P. 4.1(A)(1).

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 dwelling or usual place of abode

☐ Defendant's place of business or employment

☐ Registered agent's office

☐ Indiana Secretary of State's office

☐ 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 (Dwelling) — I left the documents with the following person at the defendant's dwelling or usual place of abode, as permitted under Ind. R. Trial P. 4.1(A)(3):

☐ Agent Authorized to Accept Service — I served the documents upon the defendant's authorized agent pursuant to Ind. R. Trial P. 4.1(A)(4):

☐ Corporate / LLC Registered Agent — I served the documents upon the registered agent of the entity defendant pursuant to Ind. R. Trial P. 4.2:

☐ Corporate Officer / Managing Agent — I served the documents upon an officer, managing agent, or other agent authorized to receive process pursuant to Ind. R. Trial P. 4.2:

☐ Partnership / Unincorporated Association — I served the documents upon a partner, officer, managing agent, or agent authorized to receive process pursuant to Ind. R. Trial P. 4.2:

☐ Governmental Organization — I served the documents pursuant to Ind. R. Trial P. 4.3 upon:

☐ Indiana Secretary of State — I served the documents upon the Indiana Secretary of State as statutory agent for a foreign corporation or non-resident individual pursuant to Ind. R. Trial P. 4.5.

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

Basis for service: [________________________________]

SECTION 5: METHOD OF SERVICE

(Select the applicable method and complete all required details)

☐ 5A. Service by Registered or Certified Mail — Ind. R. Trial P. 4.1(A)(1)

Service was made by sending a copy of the summons and complaint by registered or certified mail to the defendant or the defendant's agent at the last known address, with return receipt requested showing to whom the mail was delivered and the date of delivery.

☐ Return receipt is attached hereto as Exhibit [____].

☐ Return receipt has not yet been returned.

First Class Mail Follow-Up (Required):

Under Ind. R. Trial P. 4.1(A)(1), when service is made by registered or certified mail, the person making service must also send by first class mail a copy of the summons and complaint to the last known address. This fact must be shown upon the return.

☐ First class mail copy was sent on [__/__/____] to: [________________________________]

☐ 5B. Personal Service by Sheriff or Deputy — Ind. R. Trial P. 4.1(A)(2)

I personally delivered true and correct copies of the above-described documents directly to the person named in Section 4 above by delivering or offering to deliver a copy of the summons and complaint.

☐ 5C. Substitute Service at Dwelling — Ind. R. Trial P. 4.1(A)(3)

I left true and correct copies of the above-described documents at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion who resides there, as identified in Section 4 above.

First Class Mail Follow-Up (Required):

☐ On [__/__/____], I also sent by first class mail a copy of the summons and complaint to the defendant at the defendant's last known address: [________________________________]

☐ 5D. Service on Authorized Agent — Ind. R. Trial P. 4.1(A)(4)

I delivered true and correct copies of the above-described documents to an agent authorized by appointment or by law to receive service of process on behalf of the defendant.

☐ 5E. Service by Publication — Ind. R. Trial P. 4.4

Service was accomplished by publication as authorized by court order dated [__/__/____] in [________________________________] (name of newspaper), a newspaper of general circulation in the county or counties required.

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

☐ 5F. Service Outside Indiana — Ind. R. Trial P. 4.6

I served the defendant outside the State of Indiana using a method authorized by Ind. R. Trial P. 4.6:

SECTION 6: DESCRIPTION OF PERSON SERVED

(Required for Personal Service and Substitute Service)

SECTION 7: DUE DILIGENCE FOR SUBSTITUTE OR ALTERNATIVE SERVICE

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

7.1 Attempts at Service

7.2 Investigation to Locate Defendant

(If requesting service by publication under Ind. R. Trial P. 4.4, describe all steps taken to determine the defendant's whereabouts)

☐ 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: [________________________________]

☐ Certified mail returned undelivered / unclaimed

☐ Other investigation steps: [________________________________]

7.3 Reason Service Was Not Accomplished by Primary Method

[________________________________]

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

Option A: Affirmation Under Penalties of Perjury (Preferred in Indiana)

I affirm, under the penalties for perjury, that the foregoing representations are true.

(Note: Indiana courts commonly accept an unsworn declaration under penalty of perjury in lieu of a notarized affidavit. See Ind. R. Trial P. 11.)

Option B: Sworn Oath

I, [________________________________], declare and swear under penalty of perjury under the laws of the State of Indiana 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 Ind. Code § 35-44.1-2-1.

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 Indiana Rules of Trial Procedure and any specific order of the Court.

SECTION 12: EXECUTION AND NOTARIZATION

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

_______________________________________________

[________________________________] (Printed Name of Affiant)

Affiant / Process Server

STATE OF INDIANA      )

                                        ) SS:

COUNTY OF [________________________________]  )

Subscribed and sworn to before me, a Notary Public in and for said County and State, this [____] day of [________________________________], 20[____].

_______________________________________________

Notary Public, State of Indiana

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

County of Residence: [________________________________]

(NOTARY SEAL)

SECTION 13: ATTACHMENTS CHECKLIST

☐ Exhibit A — Copy of certified / registered mail receipt and return receipt (if service by mail)

☐ Exhibit B — Copy of first class mail proof of mailing (required under Ind. R. Trial P. 4.1(A)(1))

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

☐ Exhibit D — Publisher's affidavit of publication (if service by publication)

☐ Exhibit E — Written admission of service signed by defendant (if applicable under Ind. R. Trial P. 4.15)

☐ Exhibit F — Additional return sheets for multiple parties served

☐ Exhibit G — Fee receipt (if applicable)

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

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

☐ Exhibit J — Other: [________________________________]

SECTION 14: INDIANA-SPECIFIC PRACTICE NOTES

Methods of Service (Ind. R. Trial P. 4.1)

Indiana provides the following methods for service on individuals:

1. Registered or Certified Mail (Rule 4.1(A)(1)) — Sending a copy of the summons and complaint by registered or certified mail or other public means by which a written acknowledgment of receipt may be requested and obtained, addressed to the person to be served. The person making service must also send by first class mail a copy to the person's address on the summons. This dual-mail requirement is unique to Indiana.

2. Personal Service by Sheriff (Rule 4.1(A)(2)) — Delivering or offering to deliver a copy of the summons and complaint to the person. Service is effective when the person acknowledges receipt or the sheriff makes a return stating delivery.

3. Substitute Service at Dwelling (Rule 4.1(A)(3)) — Leaving a copy at the individual's dwelling house or usual place of abode with a person of suitable age and discretion who resides there.

4. Service on Authorized Agent (Rule 4.1(A)(4)) — Delivering a copy to an agent authorized by appointment or by law to receive service of process.

Proof of Service / Return Requirements (Ind. R. Trial P. 4.15)

Under Trial Rule 4.15, the person making service must promptly make a return upon or attached to a copy of the summons, which must be delivered to the clerk. The return must:

• Be signed by the person making it
• Include a statement that service was made upon the person as required by law, with the time, place, and manner thereof
• If service was not made, state the particular manner in which it was thwarted in terms of fact or law
• Include any other information expressly required by the rules

The return, along with the summons, praecipe, and all related affidavits, shall be filed by the clerk with the pleadings and become part of the record.

Written Admission of Service (Ind. R. Trial P. 4.15)

A written admission stating the date and place of service, signed by the person being served, may be filed with the clerk and constitutes evidence of proper service. This is similar to a waiver of service but takes the form of a signed acknowledgment.

First Class Mail Requirement

Indiana's dual-mail requirement under Trial Rule 4.1(A)(1) is critical: whenever service is made by certified or registered mail, a copy must also be sent by first class mail to the same address. This fact must appear on the return. Failure to comply with this requirement may render service defective.

90-Day Service Period

Under Ind. R. Trial P. 4(C), if service is not made within the time period specified by the court (or, if no time is specified, within a reasonable time), the court may dismiss the action. Indiana courts typically look to a 90-day period as a guideline.

Electronic Filing

Indiana courts use the Odyssey e-filing system. File the return of service electronically through Odyssey after service is completed.

False Statements — Perjury

Under Ind. Code § 35-44.1-2-1, a person who makes a false, material statement under oath or affirmation, knowing the statement to be false or not believing it to be true, commits perjury, a Level 6 felony.

Sources and References

• Indiana Rules of Trial Procedure (Full Text): Indiana Courts
• Ind. R. Trial P. 4.1 (Service on Individuals): Indiana Courts
• Ind. R. Trial P. 4.15 (Proof of Service—Return): Indiana Courts
• Ind. R. Trial P. 4 (Process): Indiana Courts
• Indiana Process Serving Laws Overview: ServeNow
• Indiana Rules of Trial Procedure (PDF): Indiana Courts PDF