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Texas Affidavit of Service
This Affidavit of Service is made in accordance with the laws of the State of Texas, specifically under Texas Rules of Civil Procedure Rule 107.
I, [Your Full Name], being duly sworn, do hereby depose and say:
- Date of Service:
- Time of Service:
- Location of Service:
- Type of Document Served:
- Name of Person Served:
- Description of Person Served:
- Gender:
- Approximate Age:
- Address of Person Served:
Further, I swear that:
- I am over the age of 18 and not a party to this action.
- I am competent to make this affidavit.
- The documents were served as described above.
Signature of Affiant:
Sworn to and subscribed before me this day of , .
__________________________
Notary Public, State of Texas
Form Data
| Fact Name | Details |
|---|---|
| Purpose | The Texas Affidavit of Service form is used to verify that legal documents have been properly served to a party. |
| Governing Law | This form is governed by the Texas Rules of Civil Procedure, specifically Rule 107. |
| Who Can Serve | Any person who is not a party to the case and is at least 18 years old can serve documents. |
| Required Information | The form must include details such as the date of service, the method of service, and the name of the person served. |
| Notarization | The affidavit must be signed in the presence of a notary public to be valid. |
| Filing | Once completed, the affidavit should be filed with the court to provide proof of service. |
| Types of Service | Service can be completed through personal delivery, certified mail, or other approved methods. |
| Deadline for Service | Documents must generally be served within a specific timeframe, often within 30 days of filing the case. |
| Consequences of Improper Service | If service is not properly executed, it may delay the case or result in dismissal. |
| Accessibility | The Texas Affidavit of Service form is available online through the Texas Judicial Branch website. |
Texas Affidavit of Service - Usage Guidelines
After gathering all necessary information, you are ready to fill out the Texas Affidavit of Service form. This form is important for documenting the delivery of legal documents. Follow these steps carefully to ensure accuracy.
- Begin by entering the court's name at the top of the form.
- Next, fill in the case number, which can usually be found on the original documents you are serving.
- Identify the parties involved in the case. Write the names of the plaintiff and defendant in the appropriate sections.
- Provide your name and address in the section designated for the server's information. This is the person who delivered the documents.
- Clearly state the date when the documents were served. Be specific about the day, month, and year.
- Indicate the method of service used, such as personal delivery or mail. Be honest and precise in this section.
- If applicable, include any additional details about the service, such as the location where the documents were delivered.
- Sign the form in the designated area to affirm that the information provided is true and correct.
- Finally, date your signature to complete the affidavit.
Once the form is completed, it should be filed with the court along with any necessary accompanying documents. Ensure that you keep a copy for your records.
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Dos and Don'ts
When filling out the Texas Affidavit of Service form, it’s important to ensure accuracy and compliance. Here are some key dos and don’ts to keep in mind:
- Do provide accurate information about the person being served, including their full name and address.
- Do ensure that the date and time of service are clearly stated on the form.
- Don't leave any sections of the form blank; incomplete forms can lead to delays.
- Don't forget to sign and date the affidavit, as an unsigned document is not valid.
Common mistakes
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Incorrect Recipient Information: Failing to provide the correct name and address of the person being served can lead to delays or the invalidation of the service.
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Missing Signature: The affidavit must be signed by the individual who performed the service. Omitting this signature renders the affidavit incomplete.
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Inaccurate Date of Service: It is essential to accurately record the date when the service was performed. An incorrect date can create confusion and legal complications.
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Failure to Notarize: Many affidavits require notarization. Not having the document notarized can result in rejection by the court.
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Omitting the Method of Service: The form should specify how the service was carried out, whether by personal delivery, mail, or another method. This detail is crucial for verification purposes.
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Not Including the Case Information: The affidavit should reference the relevant case number and court. Missing this information can lead to processing issues.
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Incorrectly Identifying the Server: The person who served the documents must be properly identified. Errors in this section can undermine the validity of the service.
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Neglecting to Include Witnesses: If applicable, the affidavit should mention any witnesses present during the service. Their absence can be significant in legal proceedings.
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Not Following Local Rules: Each jurisdiction may have specific requirements for the affidavit. Ignoring these local rules can lead to complications or dismissal of the case.