Affidavit of Service - Vermont

AFFIDAVIT OF SERVICE

State of Vermont

IN THE SUPERIOR COURT OF THE STATE OF VERMONT

[________________________________] UNIT — [________________________________] COUNTY

Docket No.: [________________________________]

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s).

AFFIDAVIT OF SERVICE

(Pursuant to V.R.C.P. Rule 4)

SECTION 1: AFFIANT INFORMATION

I, [________________________________], being first duly sworn, state under oath as follows:

1. Full Legal Name: [________________________________]

2. Business Address: [________________________________]

3. City, State, ZIP: [________________________________]

4. Telephone: [________________________________]

5. Email (optional): [________________________________]

6. Capacity (check one):

☐ Sheriff of [________________________________] County, Vermont (V.R.C.P. Rule 4(c))

☐ Deputy Sheriff of [________________________________] County, Vermont

☐ Constable of the Town of [________________________________], Vermont

☐ Indifferent person specially appointed by the court (Order dated [__/__/____])

☐ Other person authorized by law: [________________________________]

☐ Plaintiff or plaintiff's attorney (for mail service under V.R.C.P. Rule 4(f) or notice and request under Rule 4(l))

7. I am at least 18 years of age, competent to testify, and not a party to this action, as required by V.R.C.P. Rule 4(c).

8. I have personal knowledge of the facts stated herein.

Qualification Note: Under V.R.C.P. Rule 4(c), service of all process must be made by a sheriff or deputy sheriff, by a constable or other person authorized by law, or by some indifferent person specially appointed for that purpose by any superior judge or a judge of the court to which process is returnable. Vermont does not require process server licensure or certification. Process served by mail under Rule 4(f) or a notice and request under Rule 4(l) may be deposited in the mail by the plaintiff or plaintiff's attorney.

SECTION 2: DOCUMENTS SERVED

The following documents (collectively, the "Documents") were served:

☐ Summons

☐ Complaint

☐ Amended Complaint

☐ Subpoena (V.R.C.P. Rule 45)

☐ Subpoena Duces Tecum

☐ Motion for [________________________________]

☐ Order of Court dated [__/__/____]

☐ Notice of Hearing dated [__/__/____]

☐ Writ of [________________________________]

☐ Petition for [________________________________]

☐ Other: [________________________________]

☐ Other: [________________________________]

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Date of service: [__/__/____]

Time of service: [____] ☐ a.m. ☐ p.m.

Address where service was made:

[________________________________]

City/Town: [________________________________]

County: [________________________________]

State: [________________________________] ZIP: [____]

Description of location (e.g., residence, business, public area):

[________________________________]

SECTION 4: PERSON SERVED

A. Identity of person served:

Name: [________________________________]

Relationship to party (check one):

☐ Defendant / Respondent personally

☐ Person of suitable age and discretion residing at defendant's dwelling (substitute service)

☐ Authorized agent of defendant

☐ Registered agent for corporate entity

☐ Officer of corporation: [________________________________]

☐ Director of corporation: [________________________________]

☐ Managing agent of entity: [________________________________]

☐ Secretary of State (statutory agent for foreign corporation)

☐ Guardian / Conservator of incompetent defendant

☐ Parent / Guardian of minor defendant

☐ Other: [________________________________]

B. If served on person other than named defendant:

Name of person accepting service: [________________________________]

Relationship to defendant: [________________________________]

Approximate age: [____]

Title/Position (if corporate service): [________________________________]

SECTION 5: METHOD OF SERVICE

(Check the applicable method and complete the corresponding subsection below.)

☐ A. PERSONAL SERVICE — V.R.C.P. Rule 4(d)(1)

I personally delivered true and correct copies of the Documents directly into the hands of the person named in Section 4 above.

Statement: On [__/__/____] at [____] ☐ a.m. ☐ p.m., I located and personally served [________________________________] at [________________________________] by handing the Documents directly to the individual.

☐ The person acknowledged receipt of the Documents.

☐ The person refused to accept the Documents. I informed the person of the nature of the Documents and left them in the person's immediate presence/vicinity.

☐ B. SUBSTITUTE / ABODE SERVICE — V.R.C.P. Rule 4(d)(1)

On [__/__/____] at [____] ☐ a.m. ☐ p.m., I left true and correct copies of the Documents at the defendant's dwelling house or usual place of abode located at:

Address: [________________________________]

City/Town, State, ZIP: [________________________________]

with [________________________________], a person of suitable age and discretion then residing therein.

Relationship to defendant: [________________________________]

Approximate age of person accepting service: [____]

☐ I informed the person with whom the Documents were left of the general nature of the Documents.

☐ I also mailed a copy of the Documents to the defendant at the above address on [__/__/____] by first-class mail, postage prepaid.

Note: Under V.R.C.P. Rule 4(d)(1), substitute service is accomplished by leaving copies at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Vermont courts have required that the person served actually reside at the dwelling, not merely be present there temporarily.

☐ C. SERVICE ON AUTHORIZED AGENT — V.R.C.P. Rule 4(d)(1)

I delivered true and correct copies of the Documents to:

Name of agent: [________________________________]

Agent for: [________________________________]

Authority basis: ☐ Appointed agent ☐ Statutory agent ☐ Registered agent

Agent's title/position: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ D. SERVICE ON CORPORATION, PARTNERSHIP, OR ASSOCIATION — V.R.C.P. Rule 4(d)(3)-(5)

I served the Documents on:

Name of entity: [________________________________]

Entity type: ☐ Corporation ☐ LLC ☐ Partnership ☐ Unincorporated Association ☐ Other: [________________________________]

Name of person served: [________________________________]

Title/Position: [________________________________]

The person served is (check one):

☐ Officer of the entity
☐ Director of the entity
☐ Managing agent of the entity
☐ Registered agent for service of process
☐ General partner
☐ Other authorized representative: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ E. SERVICE ON STATE OR MUNICIPAL ENTITY — V.R.C.P. Rule 4(d)(6)-(7)

I delivered true and correct copies of the Documents to:

Entity served: [________________________________]

Person served: [________________________________]

Title: [________________________________]

The person served is (check one):

☐ Attorney General of Vermont (for actions against the State)
☐ Chief executive officer or clerk of municipal entity
☐ Other officer or agent designated by statute: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ F. SERVICE BY REGISTERED OR CERTIFIED MAIL — V.R.C.P. Rule 4(f)

Prerequisite: I attempted personal service with due diligence and was unable to effect personal service. The efforts made to obtain personal service are described below and in Section 7 (Due Diligence).

On [__/__/____], I deposited true and correct copies of the Documents in the United States mail by:

☐ Certified mail, return receipt requested
☐ Registered mail, return receipt requested

addressed to:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Certified/Registered Mail Article Number: [________________________________]

Return receipt received: ☐ Yes ☐ No

Date signed on return receipt: [__/__/____]

Signature on return receipt by: [________________________________]

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

☐ Acceptance was refused. On [__/__/____], upon notice of refusal, I sent a copy of the summons and complaint to the defendant by ordinary first-class mail at the same address.

☐ Affidavit of refusal and first-class mailing is attached as Exhibit [____].

Note: Under V.R.C.P. Rule 4(f), service by registered or certified mail is complete when the mail is delivered and the return receipt is signed, or when acceptance is refused, provided the plaintiff files an affidavit setting forth the efforts made to obtain personal service and either the return receipt or an affidavit of refusal with proof that ordinary first-class mail was then sent.

☐ G. SERVICE BY PUBLICATION — V.R.C.P. Rule 4(g)

Pursuant to the Court's Order dated [__/__/____] authorizing service by publication:

Name of newspaper: [________________________________]

City/Town of publication: [________________________________]

County of publication: [________________________________]

Dates of publication:

• First publication: [__/__/____]
• Second publication: [__/__/____]
• Additional publications (if ordered): [__/__/____]

Note: Under V.R.C.P. Rule 4(g), service by publication must be made once a week, at least seven days apart, for two or more successive weeks, as ordered by the court. Publication must commence within 20 days of the court order. Service by publication is deemed complete on the twenty-first day after the date of first publication.

☐ Court order authorizing publication is attached as Exhibit [____].

☐ Affidavit of publication from the newspaper is attached as Exhibit [____].

☐ A copy was also mailed to the defendant's last-known address on [__/__/____].

☐ H. COURT-ORDERED ALTERNATIVE SERVICE

Pursuant to the Court's Order dated [__/__/____], I effected service by the following alternative method:

[________________________________]

[________________________________]

[________________________________]

☐ Copy of the Court's Order is attached as Exhibit [____].

☐ I. WAIVER OF SERVICE — V.R.C.P. Rule 4(l)

The defendant [________________________________] executed a written waiver of formal service of the summons and complaint on [__/__/____].

☐ The signed waiver is attached as Exhibit [____].

Note: Under V.R.C.P. Rule 4(l), a plaintiff may notify a defendant by first-class mail of the commencement of the action and request that the defendant waive service. A defendant who waives service must be given at least 30 days from the date the request was sent (60 days if outside the United States) to answer the complaint.

SECTION 6: DESCRIPTION OF PERSON SERVED

Gender: [________________________________]

Approximate age: [____]

Height: [____]

Weight: [____]

Hair color: [________________________________]

Skin tone: [________________________________]

Glasses: ☐ Yes ☐ No

Facial hair: ☐ Yes ☐ No — Description: [________________________________]

Clothing worn at time of service: [________________________________]

Other distinguishing features: [________________________________]

SECTION 7: DUE DILIGENCE — PRIOR SERVICE ATTEMPTS

(Required for substitute, mail, publication, or alternative service methods.)

Service Attempt Log

Investigation Steps Taken

☐ Searched Vermont Secretary of State records for registered agent or entity information

☐ Searched public records / property records for current address

☐ Searched Vermont court records (Vermont Judiciary Online)

☐ Contacted neighbors, landlord, or property management

☐ Contacted defendant's known employer

☐ Searched DMV records (if authorized)

☐ Searched social media / internet resources for current location

☐ Consulted with town clerk or listers

☐ Other: [________________________________]

Narrative of due diligence efforts:

[________________________________]

[________________________________]

[________________________________]

SECTION 8: SERVICE FEES AND COSTS

SECTION 9: ADDITIONAL STATEMENTS

☐ Service was completed without incident.

☐ The person served made the following statements or took the following actions upon service:

[________________________________]

[________________________________]

☐ I was unable to effect service. See Section 7 for due diligence details and Non-Service Affidavit below.

NON-SERVICE AFFIDAVIT

(Complete ONLY if service was NOT accomplished.)

☐ I was unable to serve the Documents on [________________________________] despite diligent efforts described in Section 7.

Reason service could not be completed:

☐ Defendant could not be located at the address provided

☐ Defendant has moved from the address — forwarding address: [________________________________]

☐ Defendant is evading service

☐ Address is vacant or abandoned

☐ Certified/registered mail returned unclaimed or refused

☐ No person of suitable age and discretion was present at the dwelling

☐ Other: [________________________________]

SECTION 10: DECLARATION AND OATH

I, [________________________________], solemnly swear (or affirm) under penalty of perjury under the laws of the State of Vermont that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

I further state that service was performed in full compliance with the Vermont Rules of Civil Procedure, Rule 4, and all applicable court rules and orders.

I understand that making a false statement under oath subjects me to penalties for perjury under Vermont law (13 V.S.A. § 2901).

SECTION 11: EXECUTION AND NOTARIZATION

Executed on this [____] day of [________________________________], 20[____].

________________________________________
Signature of Affiant

Printed Name: [________________________________]
Business Address: [________________________________]
Telephone: [________________________________]

NOTARY ACKNOWLEDGMENT

State of Vermont )
) ss.
County of [________________________________] )

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Affidavit of Service, and acknowledged that he/she executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

________________________________________
Notary Public

Printed Name: [________________________________]
Commission Number: [________________________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

SECTION 12: ATTACHMENTS CHECKLIST

☐ Exhibit A — Return Receipt (Certified/Registered Mail)

☐ Exhibit B — Affidavit of Publication / Tear Sheets

☐ Exhibit C — Court Order Authorizing Alternative Service or Service by Publication

☐ Exhibit D — Court Appointment Order for Special Process Server

☐ Exhibit E — Signed Waiver of Service (V.R.C.P. Rule 4(l))

☐ Exhibit F — Affidavit of Refusal and First-Class Mailing

☐ Exhibit G — Photographs / GPS Records

☐ Exhibit H — Due Diligence Documentation

☐ Exhibit I — Other: [________________________________]

SECTION 13: VERMONT-SPECIFIC PRACTICE NOTES

Who May Serve Process (V.R.C.P. Rule 4(c))

• Sheriff or deputy sheriff
• Constable or other person authorized by law
• Indifferent person specially appointed by a superior judge or judge of the returnable court
• Plaintiff or plaintiff's attorney may deposit mail for service under Rule 4(f) or send notice/request under Rule 4(l)
• Process server must be at least 18 years of age and not a party to the action
• Vermont does not require process server licensing or certification

Methods of Service Summary

Substitute / Abode Service Requirements

• Must leave Documents at defendant's dwelling house or usual place of abode
• Must be left with a person of suitable age and discretion who actually resides at the dwelling
• Vermont courts have held that a person merely visiting or temporarily present is insufficient
• Mailing a copy to the same address is recommended as best practice

Service by Mail Prerequisites (Rule 4(f))

• Available only when personal service cannot be made with due diligence
• Limited to certain categories: actions involving property interest in the state, dissolution actions, statutory agent service, and other categories specified in Rule 4(f)
• Must file affidavit describing efforts to obtain personal service
• Service complete when mail is delivered and return receipt signed, or upon refusal (with follow-up ordinary mail)

Service by Publication Requirements (Rule 4(g))

• Court order required based on showing that due diligence failed
• Publication once a week, at least 7 days apart, for 2 or more successive weeks
• Must commence within 20 days of court order
• Service deemed complete on the 21st day after first publication
• Must also mail copy to last-known address if known

Filing Deadlines

• Proof of service must be filed within the time the served person has to respond
• Failure to file proof does not affect the validity of service itself (V.R.C.P. Rule 4(l))
• Return of service should be filed promptly with the court clerk

Penalties for False Statements

• Perjury under Vermont law: 13 V.S.A. § 2901 — penalties include imprisonment and fines
• Contempt of court for false affidavits
• Civil liability for damages caused by improper service

SOURCES AND REFERENCES

• V.R.C.P. Rule 4 — Process (Service of Summons and Complaint)
• V.R.C.P. Rule 45 — Subpoenas
• 12 V.S.A. Chapter 25 — Process and Service
• 12 V.S.A. § 691 — Jurisdiction of Actions
• 12 V.S.A. § 913 — Service Outside the State
• 13 V.S.A. § 2901 — Perjury
• Vermont Judiciary: https://www.vermontjudiciary.org
• Vermont Legislature (Statutes): https://legislature.vermont.gov/statutes/title/12

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in Vermont. All service of process must comply with the current Vermont Rules of Civil Procedure and applicable statutes.