AFFIDAVIT OF SERVICE (RETURN OF SERVICE)

STATE OF MISSISSIPPI

I. CASE CAPTION

IN THE [________________________________] COURT OF [________________________________] COUNTY
(Circuit / Chancery / County) (County Name)
STATE OF MISSISSIPPI

[________________________________], )
)
Plaintiff, )
) Civil Action No. [________________________________]
v. )
)
[________________________________], )
)
Defendant. )
AFFIDAVIT OF SERVICE

II. AFFIANT IDENTIFICATION

I, [________________________________] ("Affiant"), being first duly sworn, do hereby depose and state as follows:

A. Personal Information

B. Qualifications and Authority

1. I am at least eighteen (18) years of age, competent to testify, and not a party to nor otherwise interested in the outcome of the above-styled action, as required by Miss. R. Civ. P. 4(c)(3).

2. I am authorized to serve process in the State of Mississippi in the following capacity (check one):

☐ Sheriff or Deputy Sheriff of [________________________________] County, Mississippi
☐ Constable of [________________________________] District, [________________________________] County, Mississippi
☐ Process Server specially appointed by the Court (Order of Appointment attached as Exhibit [____])
☐ Any person not a party, at least 18 years of age, authorized under Miss. R. Civ. P. 4(c)(3)
☐ Licensed Private Investigator — Mississippi License No. [________________________________]

3. Mississippi Process Server Identification Number (if applicable): [________________________________]

III. DOCUMENTS SERVED

The following documents were served upon the person identified in Section IV below:

Total number of documents served: [____]

IV. PERSON TO BE SERVED

A. Identification of Party to Be Served

B. Person Actually Served

V. METHOD OF SERVICE

(Check the method of service employed and complete all applicable subsections)

☐ A. PERSONAL SERVICE — Miss. R. Civ. P. 4(d)(1)(A)

I personally delivered the above-described documents directly into the hands of the person to be served at the time, date, and location specified in Section VI below.

☐ B. SUBSTITUTED SERVICE (ABODE SERVICE) — Miss. R. Civ. P. 4(d)(1)(B)

Personal service could not be made with reasonable diligence upon the person to be served. I therefore left copies of the above-described documents at the defendant's usual place of abode with the following person of suitable age and discretion then residing therein:

In addition, I mailed copies of the documents to the defendant's last known address by first-class mail on [__/__/____]. Service is deemed complete ten (10) days after mailing pursuant to Miss. R. Civ. P. 4(d)(1)(B).

☐ C. SERVICE ON CORPORATION OR OTHER ENTITY — Miss. R. Civ. P. 4(d)(5)

I served the documents upon the following authorized agent, officer, or managing employee of the entity:

☐ D. CERTIFIED MAIL SERVICE — Miss. R. Civ. P. 4(c)(5)

I caused the above-described documents to be sent by certified mail, return receipt requested, to the following address:

☐ Return receipt (green card) is attached as Exhibit [____].
☐ Delivery was refused. Documentation of refusal is attached as Exhibit [____].

☐ E. SERVICE BY FIRST-CLASS MAIL WITH ACKNOWLEDGMENT — Miss. R. Civ. P. 4(c)(3)

I caused the above-described documents to be sent by first-class mail, together with two copies of the notice and acknowledgment form and a prepaid return envelope, to the following address:

☐ Signed acknowledgment is attached as Exhibit [____].
☐ No acknowledgment was received within twenty (20) days. Personal service was subsequently attempted.

☐ F. SERVICE BY PUBLICATION — Miss. R. Civ. P. 4(c)(4)

Service was made by publication after the filing of an Affidavit of Diligent Inquiry. Publication was made in [________________________________] (newspaper name), a newspaper published in [________________________________] County, Mississippi, once each week for three (3) successive weeks.

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

☐ G. OTHER METHOD OF SERVICE

Service was made by the following alternative method as authorized by Court order or applicable rule:

Method: [________________________________]
Court Order Date (if applicable): [__/__/____]
Details: [________________________________]

VI. DATE, TIME, AND LOCATION OF SERVICE

VII. DESCRIPTION OF PERSON SERVED

(Complete for personal service and substituted service)

VIII. STATEMENT OF DUE DILIGENCE

(Complete if personal service was not achieved on the first attempt or if substituted service or service by publication was used)

I made the following attempts to personally serve the person to be served before resorting to an alternative method:

Additional diligence efforts undertaken (e.g., skip tracing, database searches, inquiries at known addresses):
[________________________________]

IX. COMPLIANCE WITH TIME LIMITS — MISS. R. CIV. P. 4(h)

I affirm that service was completed within the 120-day time limit prescribed by Miss. R. Civ. P. 4(h) following the filing of the Complaint on [__/__/____].

☐ Service was completed within 120 days of filing.
☐ Service was completed after 120 days, but the Court granted an extension of time by Order dated [__/__/____] (attached as Exhibit [____]).

(Note: Failure to complete service within 120 days may result in dismissal without prejudice unless good cause is shown for the delay.)

X. ADDITIONAL REPRESENTATIONS

1. Accuracy. All statements contained in this Affidavit are true and correct to the best of my knowledge, information, and belief, formed after reasonable inquiry.

2. Non-Party Status. I am not a party to this action and have no interest in its outcome.

3. Competency. I am competent to testify to the matters stated herein.

4. Attachments. All exhibits referenced in this Affidavit, including but not limited to signed return receipts, photographs, GPS logs, publisher's affidavits, and court orders, are incorporated by reference and form a part of this Affidavit.

5. Fees. The following fees were charged for service: $[________________________________].

XI. SHERIFF'S RETURN

(Complete this section only if service was made by the Sheriff or Deputy Sheriff)

I, [________________________________], Sheriff / Deputy Sheriff of [________________________________] County, Mississippi, hereby certify that I received the within process on [__/__/____] and served the same as described above.

(Note: Under Miss. R. Civ. P. 4(c)(2), the sheriff must return the summons within thirty (30) days of receipt.)

________________________________________
[________________________________], Sheriff / Deputy Sheriff
[________________________________] County, Mississippi
Badge No.: [________________________________]

XII. EXECUTION AND NOTARIZATION

AFFIANT'S OATH

I, [________________________________], solemnly swear (or affirm) under oath and under penalty of perjury under the laws of the State of Mississippi that the foregoing statements are true and correct.

Date: [__/__/____]

________________________________________
[________________________________] (Affiant Signature)
[________________________________] (Printed Name)
[________________________________] (Address)
[________________________________] (Telephone)

NOTARIAL CERTIFICATE

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

Subscribed and sworn to (or affirmed) before me this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

________________________________________
Notary Public, State of Mississippi
Printed Name: [________________________________]
My Commission Expires: [________________________________]
[NOTARY SEAL]

XIII. EXHIBITS CHECKLIST

☐ Exhibit A — Copy of Summons
☐ Exhibit B — Copy of Complaint / Documents Served
☐ Exhibit C — Return Receipt (Green Card) for Certified Mail Service
☐ Exhibit D — Publisher's Affidavit of Publication
☐ Exhibit E — Affidavit of Diligent Inquiry (for service by publication)
☐ Exhibit F — Court Order Appointing Special Process Server
☐ Exhibit G — Court Order Extending Time for Service
☐ Exhibit H — Photographs of Service Location
☐ Exhibit I — GPS Log / Tracking Records
☐ Exhibit J — Other: [________________________________]

XIV. FILING INSTRUCTIONS AND PRACTICE NOTES

A. Prompt Filing Required. File the executed Affidavit of Service with the Clerk of Court promptly after service is completed. Proof of service is necessary before the Court may enter a default judgment under Miss. R. Civ. P. 55.

B. Mississippi Courts — Circuit vs. Chancery. Mississippi has a dual trial court system. Circuit Courts have general civil jurisdiction; Chancery Courts handle equity matters, domestic relations, and certain statutory proceedings. Ensure the affidavit identifies the correct court.

C. 120-Day Rule. Under Miss. R. Civ. P. 4(h), service must be completed within 120 days after filing the complaint. If service is not timely completed and good cause is not shown, the action shall be dismissed without prejudice.

D. Strict Compliance for Service by Publication. Service by publication under Miss. R. Civ. P. 4(c)(4) requires strict compliance with every technical requirement. The Affidavit of Diligent Inquiry must be filed before publication commences, not after.

E. E-Filing. Mississippi courts that have adopted electronic filing accept electronically filed affidavits of service. Confirm the specific court's local rules regarding electronic signatures and filing procedures.

F. Sheriff's 30-Day Return. Under Miss. R. Civ. P. 4(c)(2), the sheriff must return the summons within thirty (30) days of receipt. If service has not been effected within that period, the sheriff must endorse the reason for failure on the summons and return it to the clerk.

G. Retain Conformed Copies. Retain a conformed copy of the executed affidavit for your records in case service is later contested.

Sources and References

• Mississippi Rules of Civil Procedure: https://courts.ms.gov/research/rules/msrulesofcourt/rules_of_civil_procedure.pdf
• Mississippi Process Serving Laws: https://www.serve-now.com/resources/process-serving-laws/mississippi
• Miss. R. Civ. P. 4(c) — By Whom Process May Be Served
• Miss. R. Civ. P. 4(c)(3) — Service by Any Person Not a Party (18+ years of age)
• Miss. R. Civ. P. 4(c)(4) — Service by Publication (strict compliance required)
• Miss. R. Civ. P. 4(c)(5) — Service by Certified Mail
• Miss. R. Civ. P. 4(d)(1)(A) — Personal Service on Individuals
• Miss. R. Civ. P. 4(d)(1)(B) — Substituted Service at Usual Place of Abode
• Miss. R. Civ. P. 4(d)(5) — Service on Corporations and Other Entities
• Miss. R. Civ. P. 4(h) — 120-Day Time Limit for Service
• Miss. R. Civ. P. 55 — Default Judgment (proof of service prerequisite)
• Miss. Code Ann. § 13-3-1 et seq. — Process and Service Statutes