Affidavit of Service (Return of Service) - Indiana

AFFIDAVIT OF SERVICE

Indiana Trial Court

CASE CAPTION

IN THE [________________________________] COURT OF [________________________________] COUNTY

Cause No.: [________________________________]

AFFIDAVIT OF SERVICE

SECTION 1: AFFIANT INFORMATION

I, [________________________________] ("Affiant"), state as follows and make the affirmation or oath selected in Section 10:

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, serving under Ind. R. Trial P. 4.12(A).

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

☐ Person Sending Mail — I sent the summons and complaint by registered or certified mail under Ind. R. Trial P. 4.1(A)(1). My role or authority to arrange service is: [________________________________].

☐ Other Person Who Made Delivery — My authority to serve is: [________________________________]. If I was not otherwise authorized under the Trial Rules, I will prove service as a witness or by deposition under Trial Rule 4.12(A).

☐ 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: [________________________________]

☐ Dwelling Service — I left the summons and complaint at the defendant's dwelling or usual place of abode under Ind. R. Trial P. 4.1(A)(3). If a person received the papers, the details are:

☐ 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. 4.6(A)(1):

☐ Corporate Officer / Authorized Agent — I served the documents upon an executive officer or agent appointed or deemed appointed by law to receive process pursuant to Ind. R. Trial P. 4.6(A)(1):

☐ Partnership / Unincorporated Association — I served the documents upon a general partner, executive officer, or agent authorized to receive process, as applicable, pursuant to Ind. R. Trial P. 4.6(A)(1)–(2):

☐ Governmental Organization — I served the persons required by Ind. R. Trial P. 4.6(A)(3)–(4):

☐ Indiana Secretary of State — I served the documents upon the Indiana Secretary of State as agent where permitted by Ind. R. Trial P. 4.4(B)(2) or another applicable rule or statute, following Trial Rule 4.10. Basis for agency: [________________________________].

☐ 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)

I sent a copy of the summons and complaint by registered or certified mail to the defendant's residence, place of business, or employment with return receipt requested under Ind. R. Trial P. 4.1(A)(1). The receipt status is recorded below; this method requires a returned receipt showing receipt.

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

☐ Return receipt has not yet been returned.

☐ 5B. Personal Delivery — Ind. R. Trial P. 4.1(A)(2), 4.12(A)

I personally delivered true and correct copies of the summons and complaint to the person named in Section 4 above.

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

I left true and correct copies of the summons and complaint at the defendant's dwelling house or usual place of abode. [IF SOMEONE RECEIVED THE PAPERS, DESCRIBE THAT FACT WITHOUT TREATING IT AS A REQUIRED ELEMENT].

First Class Mail Follow-Up (Required):

☐ On [__/__/____], I also sent by first class mail a copy of the summons and complaint to the address on the summons: [________________________________]

☐ 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.

First Class Mail Follow-Up (Required under Trial Rule 4.1(B)):

☐ On [__/__/____], I also sent by first class mail a copy of the summons and complaint to the address on the summons: [________________________________]

☐ 5E. Service by Publication — Ind. R. Trial P. 4.13

The summons was published in [________________________________] (name of newspaper), a newspaper qualified under Trial Rule 4.13(C), after a request on the praecipe with the supporting diligent-search affidavit required by Trial Rule 4.13(A). Any court order concerning publication is dated [__/__/____].

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

☐ 5F. Service Outside Indiana — Ind. R. Trial P. 4.4(B), 4.12(D)

I served the defendant outside the State of Indiana using a method authorized by Ind. R. Trial P. 4.4(B). If personal service was used, the person who served was a disinterested person or the attorney representing the person seeking service under Rule 4.12(D):

SECTION 6: DESCRIPTION OF PERSON SERVED

(Complete when papers were personally delivered to an individual or received by someone at the dwelling.)

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. 4.13(A), describe the diligent search made 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: [________________________________]

☐ 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: 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 10: DECLARATION AND OATH

Complete Option A or Option B and sign below. Complete the notary block if using Option B.

Option A: Affirmation Under Penalties of Perjury

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

(Trial Rule 11(D) permits verification by this affirmation when an oath or verified document is required.)

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 based on my personal knowledge.

2. I understand that a knowingly false, material statement under oath or affirmation may be prosecuted as perjury under Ind. Code § 35-44.1-2-1.

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

4. The acts of service occurred as described above.

SECTION 11: EXECUTION AND NOTARIZATION

Executed on [__/__/____], at [CITY, STATE: ________________________________].

_______________________________________________

[________________________________] (Printed Name of Affiant)

Affiant / Process Server

STATE OF [________________________________]      )

                                        ) 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 [________________________________]

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Indiana county of commission (or, for a nonresident Indiana notary, primary Indiana employment): [________________________________]

For a notary commissioned by another state, use that state's required certificate details.

(NOTARY SEAL)

SECTION 12: ATTACHMENTS CHECKLIST

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

☐ Exhibit B — Record of first class mailing and its date for dwelling or agent service under Ind. R. Trial P. 4.1(B)

☐ Exhibit C — Publication praecipe, diligent-search affidavit, and any applicable court order

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

☐ Exhibit I — Other: [________________________________]

SECTION 13: 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)) — Send the summons and complaint by registered or certified mail or another permitted public means to the individual's residence, place of business, or employment, with a return receipt requested and returned showing receipt. Rule 4.1(B)'s additional first class mailing applies to dwelling and agent service under (A)(3) and (A)(4), not to this mail method.

2. Personal Delivery (Rules 4.1(A)(2), 4.12(A)) — Deliver or offer to deliver the summons and complaint to the person. A sheriff, deputy, or person appointed by the court ordinarily serves personal summons. Service by a person not otherwise authorized can still be effective, but that person must prove service as a witness or by deposition under Rule 4.12(A).

3. Service at Dwelling (Rule 4.1(A)(3)) — Leave a copy at the individual's dwelling house or usual place of abode, then send the first class mailing required by Rule 4.1(B) to the address on the summons and show that mailing on the return.

4. Service on Authorized Agent (Rule 4.1(A)(4)) — Serve an agent authorized by rule, statute, or valid agreement; also send the first class mailing required by Rule 4.1(B) and show it on the return.

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

Trial Rule 4.1(B) requires an additional first class mailing to the address on the summons when service is made by leaving papers at the dwelling under (A)(3) or serving an agent under (A)(4). The mailing must be shown on the return.

When service is based on mail and the mailed copy is returned for any reason before judgment or within thirty days afterward, the party relying on service must notify the court under Trial Rule 4.1(C).

For a person known to be a minor, incompetent, or institutionalized, check the additional recipients and return details required by Trial Rules 4.2 and 4.3. Record those facts in Section 9.

Filing the Return

Deliver the signed return with a copy of the summons to the clerk under Trial Rule 4.15(A), using the filing method applicable in the court handling the case.

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 Rules of Trial Procedure (PDF): Indiana Courts PDF
• Ind. Code § 33-42-9-12(a)(3), (5) (Notarial certificate venue and commission county): Indiana Code 2026