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Document Sample
New York Affidavit of Service
State of New York
County of ______________________
1. I, ____________________________, being duly sworn, depose and say:
2. I am over the age of 18 years and not a party to this action.
3. On the ______ day of _____________________, 20____, at approximately ______ o'clock in the AM/PM, I served the following documents:
- ____________________________
- ____________________________
- ____________________________
4. The documents were served on:
Name: ____________________________
Address: ____________________________
City, State, Zip: ____________________________
5. The method of service was:
- Personal delivery
- By mail
- By electronic means (if applicable)
6. The place of service was:
Address: ____________________________
7. I affirm that the recipient was:
- Present at the time of service
- Not present at the time of service
8. I am aware that this affidavit is a legal document. I understand that it must be completed accurately and truthfully. False statements may lead to legal consequences.
9. Sworn to before me this ______ day of _____________________, 20____.
_____________________________
Signature of Affiant
_____________________________
Notary Public
My Commission Expires: ______________________
Form Data
| Fact Name | Description |
|---|---|
| Purpose | The New York Affidavit of Service form is used to provide proof that legal documents have been delivered to the intended recipient. |
| Governing Law | This form is governed by New York Civil Practice Law and Rules (CPLR) § 2103. |
| Who Can Serve | Any individual who is at least 18 years old and not a party to the action can serve the documents and complete the affidavit. |
| Filing Requirement | While the affidavit itself does not need to be filed with the court, it must be kept on record and available for verification if needed. |
New York Affidavit of Service - Usage Guidelines
After completing the New York Affidavit of Service form, the next step involves submitting it to the court. This is crucial for ensuring that the service of process is legally recognized. Properly filling out the form is essential for compliance with court requirements.
- Obtain a copy of the New York Affidavit of Service form. This can usually be found on the official court website or at the local courthouse.
- Begin by filling in the caption section at the top of the form. This includes the names of the parties involved in the case and the court's name.
- In the section labeled Case Number, write the specific case number assigned to your legal matter.
- Provide the date of service. This is the date on which the documents were delivered to the recipient.
- Identify the person served. Include the full name and address of the individual or entity that received the documents.
- Describe how the service was made. Indicate whether it was personal service, substituted service, or another method allowed by law.
- Fill in the name of the server, the individual who delivered the documents. Include their address and relationship to the case if applicable.
- Sign and date the form in the designated area. This signifies that the information provided is accurate to the best of your knowledge.
- Make a copy of the completed form for your records before submitting it to the court.
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Dos and Don'ts
When filling out the New York Affidavit of Service form, it's important to follow certain guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn't do:
- Do provide clear and accurate information about the person being served.
- Do include the date and time of service.
- Do sign the affidavit in front of a notary public.
- Do keep a copy of the completed affidavit for your records.
- Don't leave any sections of the form blank.
- Don't use incorrect names or addresses.
- Don't forget to include your own contact information.
- Don't submit the form without proper notarization.
Common mistakes
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Incomplete Information: One of the most common mistakes is failing to fill out all required fields. Each section must be completed accurately to ensure the document is valid.
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Incorrect Dates: Providing the wrong date of service can lead to complications. It's essential to double-check the date when the service was performed.
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Wrong Recipient Details: Misstating the name or address of the recipient can invalidate the affidavit. Ensure that the information matches exactly with what is on the legal documents.
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Not Signing the Affidavit: The affidavit must be signed by the person who served the documents. A missing signature renders the affidavit ineffective.
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Failure to Notarize: In New York, the affidavit often needs to be notarized. Neglecting this step can cause delays or rejection of the document.
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Using Incorrect Service Method: The affidavit must accurately reflect how the service was completed. Using an incorrect method can lead to questions about the validity of the service.
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Not Keeping a Copy: Failing to retain a copy of the completed affidavit for personal records can be a significant oversight. Always keep a copy for your own files.