Service Affidavit

AFFIDAVIT OF SERVICE

(State of Texas – Litigation)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions (Reserved)
6. Default & Remedies (Perjury Notice)
7. Risk Allocation (Reserved)
8. Dispute Resolution (Reserved)
9. General Provisions
10. Execution Block & Notarial Certificate

1. DOCUMENT HEADER

Affidavit of Service
Cause No.: [CAUSE NO.]
In the [COURT NAME] (“Court”)
Style: [PLAINTIFF] v. [DEFENDANT]

This Affidavit of Service (“Affidavit”) is made effective as of the date of execution below and is governed by the procedural laws of the State of Texas.

Recitals
A. [PLAINTIFF] filed the following pleading(s)/document(s) requiring service: “[NAME OF DOCUMENTS]” (collectively, the “Service Documents”).
B. Affiant is competent to make this Affidavit and has personal knowledge of the facts stated herein.

2. DEFINITIONS

For purposes of this Affidavit:

“Affiant” means the undersigned individual who effected service of process.

“Service Address” means the location at which service was attempted or effected, identified in Section 3.1.

“Service Method” means the manner of service set forth in Section 3.2 and authorized by Tex. R. Civ. P. 106.

“Service Date” means the date on which service was effected, identified in Section 3.3.

3. OPERATIVE PROVISIONS

3.1 Service Address

[ADDRESS, INCLUDING CITY, COUNTY, & ZIP CODE]

3.2 Service Method (select one and delete others)

a. Personal delivery to the named defendant.
b. Delivery by certified mail, return receipt requested.
c. Substitute service pursuant to a Court order dated [DATE OF ORDER] (authorized under Tex. R. Civ. P. 106(b)), by:
 • ☐ Leaving with a person older than sixteen (16) years at the Service Address; or
 • ☐ Attaching to the front door or other conspicuous place; or
 • ☐ Other manner described in the Court’s order: [DESCRIPTION].
d. Electronic service pursuant to Tex. R. Civ. P. 106(c) (e-mail to [EMAIL ADDRESS]) and contemporaneous mailing by first-class mail.

3.3 Service Date and Time

Service was completed on [DATE] at [TIME] a.m./p.m.

3.4 Description of Person Served (for personal or substitute service)

Name: [NAME]
Approx. Age: [AGE OR “N/A”] Sex: [___] Race: [___] Height: [___] Weight: [___]
Relationship to Defendant (if substitute service): [RELATIONSHIP]

3.5 Identification of Service Documents

1. [DOCUMENT TITLE] (dated [DATE])
2. [ADDITIONAL DOCUMENTS, IF ANY]

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Affiant is at least 18 years of age and is not a party to, or interested in, the outcome of the referenced litigation, in compliance with Tex. R. Civ. P. 103.

4.2 Authorization. Affiant is authorized to serve process in the State of Texas. [Select one:]
 • ☐ Affiant is a sheriff/constable of [COUNTY, TX].
 • ☐ Affiant is a person certified under order of the Texas Supreme Court (Certification No. [NO.]).
 • ☐ Other: [DESCRIPTION OF AUTHORIZATION].

4.3 Truthfulness. All statements herein are true and correct to the best of Affiant’s knowledge and belief and are made under penalty of perjury under the laws of the State of Texas.

4.4 Compliance. Service was effected strictly in accordance with Tex. R. Civ. P. 106 & 107 and any applicable court order.

5. COVENANTS & RESTRICTIONS

(Reserved / Intentionally Omitted – not applicable to an affidavit of service.)

6. DEFAULT & REMEDIES (PERJURY NOTICE)

Any willful false statement in this Affidavit constitutes aggravated perjury under Tex. Penal Code § 37.03, a felony offense punishable by imprisonment and/or fine.

7. RISK ALLOCATION

(Reserved / Intentionally Omitted.)

8. DISPUTE RESOLUTION

(Reserved – procedural disputes are governed by the Court.)

9. GENERAL PROVISIONS

9.1 Severability. If any portion of this Affidavit is deemed invalid or unenforceable, the remaining portions shall remain in full force to the extent permitted by law.

9.2 Integration. This Affidavit constitutes the entire statement of service facts and supersedes all prior oral or written statements by Affiant concerning the subject matter herein.

9.3 Amendment. Any amendment hereto must be in a subsequently executed and notarized affidavit.

10. EXECUTION BLOCK & NOTARIAL CERTIFICATE

Executed on this ____ day of [MONTH], 20___, in [COUNTY] County, Texas.

___________________________________
[NAME OF AFFIANT], Affiant
[Official Title / Certification No.]
[Complete Business or Agency Address]
[Phone] [Email]

NOTARIZATION

State of Texas
County of [COUNTY]

Before me, the undersigned notary public, on this day personally appeared [NAME OF AFFIANT], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed above, and who, being by me duly sworn, stated upon oath that the foregoing statements are true and correct.

Subscribed and sworn to (or affirmed) before me on the ____ day of [MONTH], 20___.

___________________________________
Notary Public, State of Texas
My commission expires: ____________

[NOTARY SEAL]