Affidavit of Service (Return of Service)

AFFIDAVIT OF SERVICE

Kansas District Court

CASE CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

[________________________________] JUDICIAL DISTRICT

[________________________________],

Plaintiff(s),

v.

Case No.: [________________________________]

[________________________________],

Defendant(s).

RETURN OF SERVICE / 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 Kansas is based on the following (select one):

☐ Sheriff / Deputy Sheriff — I am the sheriff or a deputy of [________________________________] County, Kansas, authorized to serve process pursuant to K.S.A. 60-303(a). The sheriff serves process unless a party notifies the clerk of an election to undertake responsibility for service.

☐ Attorney Admitted to Practice in Kansas — I am an attorney admitted to the practice of law in Kansas, authorized to serve process pursuant to K.S.A. 60-303(b).

☐ Licensed Private Detective — I am a person licensed as a private detective in Kansas, authorized to serve process pursuant to K.S.A. 60-303(b).

☐ Court-Appointed Process Server — I am a person appointed as a process server by a judge or clerk of the district court, pursuant to K.S.A. 60-303(b).

• Appointment order dated: [__/__/____]

☐ Party or Party's Attorney (for Return Receipt Delivery) — I am the party or the party's attorney who elected to undertake responsibility for service and effectuated service by return receipt delivery pursuant to K.S.A. 60-303(c).

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: [____]

(Note: Kansas uses "Petition" rather than "Complaint" in state court practice.)

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

☐ Kansas 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: [________________________________]

☐ Agent Authorized by Appointment or by Law — I served the documents upon the defendant's authorized agent pursuant to K.S.A. 60-304(a):

☐ Substitute Service Recipient (Residence Service) — I left the documents with the following person at the defendant's dwelling or usual place of abode, as permitted under K.S.A. 60-303(d)(1):

☐ Corporate / LLC Registered Agent — I served the documents upon the registered agent or resident agent of the entity defendant pursuant to K.S.A. 60-304(d):

☐ Corporate Officer / Managing Agent — I served the documents upon an officer, partner, or managing agent of the entity defendant pursuant to K.S.A. 60-304(d):

☐ Partnership / Unincorporated Association — I served the documents upon a partner or managing agent pursuant to K.S.A. 60-304(d):

☐ Secretary of State — I served the documents upon the Kansas Secretary of State as statutory agent for a foreign corporation or non-resident individual:

☐ State of Kansas or Governmental Entity — I served the documents pursuant to K.S.A. 60-304(d)(5) upon:

☐ 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 — K.S.A. 60-303(d)(1)

I personally delivered or offered to deliver a copy of the process and petition to the person named in Section 4 above, effecting personal service as provided under K.S.A. 60-303(d)(1).

☐ 5B. Residence Service — K.S.A. 60-303(d)(1)

I left a copy of the process and petition at the individual defendant's dwelling or usual place of abode with someone of suitable age and discretion who resides there, as identified in Section 4 above.

☐ 5C. Return Receipt Delivery (Certified Mail / Priority Mail / Commercial Courier) — K.S.A. 60-303(c)

Service was effected by return receipt delivery as defined in K.S.A. 60-303(c), using one of the following methods:

☐ Certified mail, return receipt requested

☐ Priority mail, return receipt requested

☐ Commercial courier service: [________________________________] (name of carrier)

☐ Overnight delivery service: [________________________________] (name of carrier)

☐ Other reliable personal delivery service: [________________________________]

☐ Written or electronic return receipt showing delivery is attached hereto as Exhibit [____].

☐ Return receipt has not yet been returned.

Return of Service Requirement (K.S.A. 60-303(c)):

After service and return of the return receipt, the sheriff, party, or party's attorney must execute and file a return of service stating:

• The nature of the process
• To whom delivered
• The date of delivery
• The address where delivered
• The person or entity effecting delivery

☐ 5D. Service by Publication — K.S.A. 60-307

Service was accomplished by publication as authorized by court order dated [__/__/____], in [________________________________] (name of newspaper), a newspaper authorized by law for the publication of legal notices in [________________________________] County, Kansas.

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

Mailing Requirement:

☐ On [__/__/____], I mailed a copy of the published notice together with a copy of the petition by first class mail to the defendant at the defendant's last known address: [________________________________]

☐ Defendant's address is unknown; no mailing was possible.

☐ 5E. Service Outside Kansas — K.S.A. 60-308

I served the defendant outside the State of Kansas at the following location, using a method authorized under K.S.A. 60-308:

☐ 5F. Court-Ordered Alternative Service

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 [____].

SECTION 6: DESCRIPTION OF PERSON SERVED

(Required for Personal Service and Residence Service)

SECTION 7: DUE DILIGENCE FOR RESIDENCE, 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 K.S.A. 60-307, 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: [________________________________]

☐ Return receipt delivery returned undeliverable

☐ Other investigation steps: [________________________________]

7.3 Employer Service Request

(Under K.S.A. 60-304(a), if a party files an affidavit or declaration that the defendant is employed in Kansas and is a nonresident or the defendant's residence is unknown, the sheriff may direct the employer to make the person available for service.)

☐ Affidavit of employment filed — Employer: [________________________________]

☐ Not applicable

7.4 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 Kansas 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 K.S.A. 21-5903.

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

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

SECTION 12: EXECUTION AND NOTARIZATION

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

_______________________________________________

[________________________________] (Printed Name of Affiant)

Affiant / Process Server

STATE OF KANSAS      )

                                        ) SS.

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 satisfactory identification.

_______________________________________________

Notary Public, State of Kansas

My Commission Expires: [__/__/____]

(NOTARY SEAL)

SECTION 13: ATTACHMENTS CHECKLIST

☐ Exhibit A — Copy of return receipt (certified mail, priority mail, or commercial courier receipt)

☐ Exhibit B — Copy of tracking confirmation (if return receipt delivery)

☐ 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 — Affidavit or declaration of employment (if employer service requested under K.S.A. 60-304(a))

☐ 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: KANSAS-SPECIFIC PRACTICE NOTES

Who May Serve Process in Kansas (K.S.A. 60-303 and 60-305)

Under Kansas law, process may be served by:

• Sheriff or Deputy Sheriff — The sheriff of the county in which the action is filed must serve any process unless a party notifies the clerk that the party elects to undertake responsibility for service (K.S.A. 60-303(a)).
• Attorney Admitted to Practice in Kansas — An attorney licensed in Kansas may serve process (K.S.A. 60-303(b)).
• Licensed Private Detective — A person licensed as a private detective in Kansas may serve process (K.S.A. 60-303(b)).
• Court-Appointed Process Server — A person appointed by a judge or clerk of the district court may serve process (K.S.A. 60-303(b)).
• Party or Party's Attorney (Return Receipt Delivery Only) — For service by return receipt delivery (certified mail, etc.), the party or party's attorney may effectuate service after electing to undertake responsibility (K.S.A. 60-303(c)).

Methods of Service (K.S.A. 60-303)

Kansas provides the following methods of service:

1. Return Receipt Delivery (K.S.A. 60-303(c)) — Service by certified mail, priority mail, commercial courier service, overnight delivery, or other reliable personal delivery service, evidenced by a written or electronic receipt showing to whom delivered, the date, and address. This is the default method when the sheriff serves process.

2. Personal Service (K.S.A. 60-303(d)(1)) — A party may file a written request with the clerk for personal service. Personal service is effected by delivering or offering to deliver a copy of the process and petition to the person to be served.

3. Residence Service (K.S.A. 60-303(d)(1)) — A party may file a written request for residence service on an individual. Residence service is effected by leaving a copy at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there.

4. Service by Publication (K.S.A. 60-307) — Available by court order when the defendant cannot be found. Must be published once each week for three consecutive weeks.

Kansas Uses "Petition" Not "Complaint"

Kansas state court practice uses the term "Petition" rather than "Complaint" for the initial pleading. Process is served with the summons and petition.

Return of Service Requirements (K.S.A. 60-303(c) and 60-312)

The return of service must state:

• The nature of the process
• To whom the process was delivered
• The date of delivery
• The address where delivered
• The person or entity effecting delivery
• A copy of the return receipt evidencing delivery (for return receipt delivery)

90-Day Service Deadline (K.S.A. 60-203)

Under K.S.A. 60-203(a), if service is not made upon a defendant within 90 days after the petition is filed, the action is deemed commenced on the date of service. If the statute of limitations expires during this period, the action may be time-barred. Extensions may be obtained by court order for good cause shown.

Employer Service Request (K.S.A. 60-304(a))

If a party files an affidavit or declaration that to the best of the affiant's knowledge and belief the person to be served is employed in Kansas and is either a nonresident or the person's place of residence is unknown, the sheriff or other authorized person may direct the employer (an officer, partner, managing or general agent) to make the person available for service. This is a unique Kansas provision to facilitate service on hard-to-locate employees.

Return Receipt Delivery — Broad Definition

Kansas's definition of "return receipt delivery" under K.S.A. 60-303(c) is notably broad. It encompasses not just USPS certified mail but also priority mail, commercial courier service (FedEx, UPS, etc.), overnight delivery, and any other reliable personal delivery service, so long as there is a written or electronic receipt confirming delivery.

False Statements — Perjury

Under K.S.A. 21-5903, perjury is knowingly making a false statement under an oath or affirmation required by law, or knowingly swearing or affirming the truth of a material statement previously made, when the person does not believe the statement to be true. Perjury is a severity level 9 nonperson felony.

Sources and References

• K.S.A. 60-303 (Methods of Service of Process): Justia
• K.S.A. 60-304 (Service of Process, On Whom Made): Kansas Revisor of Statutes
• K.S.A. 60-303 (Full Text): Kansas Revisor of Statutes
• K.S.A. 60-312 (Proof of Service): Kansas Revisor of Statutes
• Kansas Process Serving Laws: FindLaw
• Kansas Legislature — Chapter 60 Civil Procedure: Kansas Legislature