Service Affidavit

[COURT CAPTION]

Supreme Court of the State of New York
County of [COUNTY]

[PLAINTIFF],
  Plaintiff,
v.
[DEFENDANT],
  Defendant.

Index No.: [INDEX NO.]

AFFIDAVIT OF SERVICE

(FORM CPLR §§ 306(d), 308, 2103 COMPLIANT)

Table of Contents

1. Definitions
2. Affiant Identification & Competency
3. Documents Served

4. Service Details
   4.1 Personal Delivery (CPLR 308(1))
   4.2 Substituted Service – “Deliver & Mail” (CPLR 308(2))
   4.3 Substituted Service – “Nail & Mail” (CPLR 308(4))
   4.4 Service on a Corporation/Entity (CPLR 311)
   4.5 Alternative Court-Ordered Method

5. Timeliness & Filing Confirmation

6. Affirmation of Truthfulness
7. Execution & Notarization

1. Definitions

“Affiant” means the individual who effected service and is swearing to the truth of this Affidavit.
“Service Documents” means the papers identified in Section 3.
“Service Address” means the address(es) at which service was attempted or completed.
“Recipient” means the person or entity upon whom service was required.

2. Affiant Identification & Competency

1. I, [AFFIANT FULL LEGAL NAME], am over eighteen (18) years of age and competent to testify to the matters set forth herein.
2. Residence or business address: [AFFIANT ADDRESS].

3. Process-server credentials (select and complete):
   ⎕ Independent process server, license no. [LICENSE NO.] (if applicable).
   ⎕ Attorney admitted in New York, Registration No. [REG. NO.].
   ⎕ Other: [DESCRIBE].

4. I am not a party to this action, nor am I acting as an attorney for any party herein.

3. Documents Served

The Service Documents consisted of the following (check all that apply):
⎕ Summons and Complaint
⎕ Summons with Notice
⎕ Petition and Notice of Petition
⎕ Motion Papers (specify): [DESCRIPTION]
⎕ Subpoena (specify): [DESCRIPTION]
⎕ Other: [DESCRIPTION]

4. Service Details

I effected service as follows (complete only the subsection(s) that accurately describe the service actually performed):

4.1 Personal Delivery – CPLR § 308(1)

1. Date: [DATE] Time: [TIME] a.m./p.m.
2. Location: [SERVICE ADDRESS] (County of [COUNTY], State of New York).
3. I personally delivered the Service Documents to [NAME OF RECIPIENT], the named defendant/respondent.

4. Physical description of Recipient (required for best practice):
   Sex: [SEX] Skin: [SKIN] Hair: [HAIR] Age: [AGE] Height: [HEIGHT] Weight: [WEIGHT]

5. Recipient acknowledged identity as the party to be served.

4.2 Substituted Service – “Deliver & Mail” – CPLR § 308(2)

1. Date of delivery: [DATE] Time: [TIME] a.m./p.m.
2. Location of delivery (actual dwelling place or usual place of abode/business): [SERVICE ADDRESS].
3. I delivered the Service Documents to [NAME & RELATIONSHIP], a person of suitable age and discretion residing/employed therein.
4. Physical description of recipient: [SEX/AGE/HEIGHT/WEIGHT/OTHER].
5. Mailing: On [MAILING DATE] I mailed a copy of the Service Documents by first-class mail in a sealed envelope marked “Personal & Confidential” to [NAME], at [MAILING ADDRESS], within the State of New York.
6. Envelope bore my return address and was duly stamped.

4.3 Substituted Service – “Nail & Mail” – CPLR § 308(4)

1. After due diligence, personal or § 308(2) service could not be effected. I made [NUMBER] attempts on:
   (a) [DATE] at [TIME];
   (b) [DATE] at [TIME];
   (c) [DATE] at [TIME].

2. On [DATE] at [TIME] a.m./p.m., I affixed a true copy of the Service Documents to the front door of [SERVICE ADDRESS].

3. On [MAILING DATE] I mailed an additional copy as described in 4.2(5)–(6) above.

4.4 Service on a Corporation or Other Entity – CPLR § 311

1. Entity served: [CORPORATE NAME].
2. Date: [DATE] Time: [TIME] a.m./p.m.
3. Location: [ADDRESS].

4. I delivered the Service Documents to:
   ⎕ an officer (title): [TITLE]
   ⎕ a managing agent (name): [NAME]
   ⎕ an agent authorized by appointment or law, namely the Secretary of State pursuant to BCL § 306.

5. Person served was authorized to receive service on behalf of the entity.

4.5 Alternative Court-Ordered Method

Service was made pursuant to the Order of the Hon. [NAME], dated [DATE]. Attached hereto as Exhibit A is a true copy of said Order, which specified the following method: [DESCRIBE].

5. Timeliness & Filing Confirmation

1. This Affidavit is executed within [NUMBER ≤ 20] days after the service date, in compliance with N.Y. C.P.L.R. § 306(d).
2. I will file (or have filed) this Affidavit with the Clerk of the Court for the County of [COUNTY] on [EXPECTED FILING DATE].

6. Affirmation of Truthfulness

I affirm under penalty of perjury under the laws of the State of New York that the foregoing statements are true and correct.

7. Execution & Notarization

Signed: _____________________________________
    [PRINT AFFIANT NAME]

Date: [DATE]

Notary Acknowledgment (New York)

State of New York )
County of [COUNTY] ) ss.:

On the ___ day of __________, 20__, before me, the undersigned, personally appeared [AFFIANT NAME], personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individual executed the instrument.

_____________________________________
Notary Public, State of New York
Qualified in [COUNTY] County
My Commission Expires: [DATE]