Establishing secure connection…Loading editor…Preparing document…

Affidavit of Jurisdiction Over a Non-Resident

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Form 225b
(Rev. 01/07)

The Family Court of the State of Delaware

In and For New Castle Kent Sussex County

VERIFIED NOTICE FOR INTERSTATE ATTACHMENT OF INCOME

Petitioner

Last:

First:

MI:

Address:

City: State: Zip:

DOB:

Home Phone: Work Phone:

VS

Respondent

Last:

First:

MI:

Address:

City: State: Zip:

DOB:

Home Phone: Work Phone:

File Number(s):

CPI Number(s):

IV-D STATUS

IV-D AFDC

IV-D NPA

NON IV-D

Based on information provided by I do hereby allege the following:

  1. An Order was entered on by requiring respondent to pay $ per ($ current support plus $ toward arrears) payable to [A copy of each Court Order is attached].
  2. Petitioner has not received a payment on this order for with the date of the last payment being . Current arrears are estimated at $ . A sworn statement from the obligee or a certified statement from the agency specifying the amount of arrearages is attached.
  3. Respondent is employed by:

    Name of Employer:

    Address of Employer:

    City: State: Zip:

  4. Respondent is receiving unemployment compensation benefits.
  5. Respondent is in default of the current Order in accordance with the law of and prays that an income attachment issue to the respondent's employer(s) pursuant to 13 Del. C. Chapter 4. [A copy of the applicable withholding law is attached]. Withholding of income stays in effect as long as the order of support upon which it is based, or any modification thereof, remains in effect,

I affirm under penalty of perjury that the above information is true and correct to the best of my knowledge.

SWORN TO AND SUBSCRIBED before me this date,

Date

Notary Public

DCSE

Date mailed by the Clerk of Court:

**** Respondent: Important instructions on the reverse of this form ****

Form 225b
Page 2

PETITIONER

FILE NO.

AFFIDAVIT TO CONTEST INCOME ATTACHMENT

A SUPPORT OBLIGOR MAY CONTEST INCOME ATTACHMENT BY FILING THIS AFFIDAVIT AT THE FAMILY COURT WITHIN 10 DAYS OF THE DATE THE VERIFIED NOTICE WAS FILED, IF THE RESPONDENT BELIEVES THAT HE/SHE IS NOT IN DEFAULT OF THE SUPPORT OBLIGATION. YOU SHOULD ATTACH COPIES OF SUPPORTING DOCUMENTS IF YOU BELIEVE THAT THEY ARE HELPFUL TO YOUR POSITION. YOU MUST ALSO MAIL A COPY OF THE COMPLETED AFFIDAVIT TO THE PETITIONER.

The Court shall, upon consideration of the Affidavit(s), determine whether an issue of material fact exists and shall, in accordance with that determination, either schedule a hearing or issue the attachment.

RESPONDENT/OBLIGOR wishes to dispute the imposition of an income attachment on the following ground(s) pursuant to 13 Del C. 513(b)(3):

Mistaken identity (the Respondent is not the right person).

The payments have been made as Ordered.

The Court did not have jurisdiction over me at the time the Support Order was entered.

The Court does not have jurisdiction in this case.

Other:

Please detail the facts which support your application for a hearing:

SWORN TO AND SUBSCRIBED before me this date,

Date

Notary Public

Respondent

Received by on this date, at am/pm.

Based on my review of the facts contained in the Petitioner's Affidavit Petitioner's Affidavit and Respondent's Affidavit I hereby ORDER:

Income Attachment in the amount of $ per ($ current support plus arrears) with a consumer credit protection limit of % shall issue to obligor's employer because:

No contest to attachment entered.

The Affidavit to Contest Income Attachment raised no issue of material fact under this statute. Respondent is free to seek relief raised in the Affidavit to Contest Income Attachment by filing a separate petition.

A Hearing be scheduled on at am/pm before Judge/Commissioner/Master

Additional findings (see attached disposition).

The parties are advised of their right to file a Review of a Commissioner's Order or a Review de Novo of a Master's Order before a Judge, provided it is filed within fifteen (15) days of the date the written Order is issued with an additional three (3) days if it is mailed. If a Review of a Commissioner's Order or a Review de Novo is not filed with the Court within the specified period, the Order of the Commissioner/Master becomes the judgment of the Court from which no appeal may be taken. This is only applicable to the moving party.

Date Written Order Issued

Judge/Commissioner/Master

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Affidavit of Jurisdiction Over a Non-Resident Is

The Affidavit of Jurisdiction Over a Non-Resident is a sworn statement used to establish which U.S. state or court has authority over a party who does not reside within that jurisdiction. It records factual contacts—such as property ownership, business activities, or service of process—sufficient to support a court's exercise of personal jurisdiction under state law and due process standards. This affidavit accompanies pleadings or filings when jurisdiction is contested or unclear and provides documentary evidence the filer can use to show a non-resident's purposeful availment or contacts with the forum state.

Why This Affidavit Matters in Jurisdictional Disputes

Use this affidavit to document objective contacts that support personal jurisdiction over non-resident defendants, clarify venue selection, and reduce procedural disputes. A clear affidavit can streamline service of process, inform jurisdictional motions, and help courts determine whether exercising jurisdiction complies with constitutional due process.

Why This Affidavit Matters in Jurisdictional Disputes

Who Prepares and Relies on This Affidavit

Plaintiffs, defense counsel, process servers, and court clerks commonly prepare or review this affidavit in civil litigation contexts.

  • Civil plaintiffs asserting claims against out-of-state defendants with forum contacts tied to the cause of action.
  • Process servers and deputies documenting service locations and recipient addresses for proof.
  • Defense counsel challenging personal jurisdiction or seeking more precise venue facts.

Core Elements a Professional Affidavit Should Contain

A professional affidavit combines sworn factual statements, labeled exhibits, a clear jurat, venue details, signer identification, and a consistent chain-of-custody for admissibility at hearing or trial.

Sworn Statement

Concise first-person sworn statement describing the affiant's knowledge, bases for belief, and the specific contacts that connect the non-resident to the forum, including dates and locations for each event.

Exhibit Index

Numbered exhibit index referencing each supporting document; each exhibit should be labeled, briefly described, and cross-referenced to the factual statement where it corroborates specific assertions.

Jurat and Venue

The jurat must show the notary's statement, venue (county and state), the date of oath, and the notary's printed name and commission expiration to meet statutory authentication requirements.

Identification

Record the affiant's ID type and number as inspected by the notary or verified through identity proofing for RON; include issuance and expiration dates when relevant to authentication.

Chain of Custody

Document the file's handling, including who received each exhibit, upload timestamps, and any transfers between counsel, notaries, or filing clerks to preserve evidentiary integrity for future audit.

Legal Citations

Cite controlling statutes or case law on personal jurisdiction where relevant; reference forum rules or state statutes to anticipate motions and to guide judicial interpretation.

Step-by-Step: Complete, Notarize, and File the Affidavit

Follow these steps to complete, notarize, and submit the Affidavit of Jurisdiction Over a Non-Resident accurately.

  • 01
    Prepare Facts: List contacts, dates, locations, and actions linking the non-resident to the forum.
  • 02
    Attach Evidence: Include leases, contracts, emails, delivery receipts, or property records supporting claims.
  • 03
    Swear and Sign: Sign before a notary or authorized official; include jurat and seal where required.
  • 04
    File or Serve: File with court clerk or attach to pleadings and serve opposing parties.

How to Configure an Online Workflow for This Affidavit

Configure the online workflow to collect attestations, attach exhibits, require notarization, and route copies to counsel and the court clerk.

Field Configuration
Signer Authentication and Verification Method Email link + SMS code; use KBA for high-risk cases.
Notarization, Jurat, and Seal Requirements Require notary signature for sworn affidavit; retain jurat and seal.
Use Consistent Exhibit Attachment Naming Conventions Enforce PDF upload, file names include Exhibit_ label and sequential letters.
Routing and Notifications to Parties Auto-send signed copies to filer, opposing counsel, and court docket email.

Platform and Technical Requirements for eSubmission

The affidavit can be executed electronically or on paper; eSubmission requires platform features for authentication and tamper evidence.

  • File Formats: PDF and DOCX supported; preserve original formatting.
  • Integrations: Works with court e-filing, cloud storage, and case management.
  • Authentication Options: Email, SMS, KBA, and multifactor where required.

From Draft to Docket: Filing Flow Overview

Typical filing flow for the affidavit from drafting through submission and court receipt in civil cases.

  • Draft: Prepare affidavit with factual contacts and index exhibits.
  • Notarize: Sign under oath before notary; record jurat and seal.
  • Submit: File with clerk or attach to motion as supporting evidence.
  • Serve: Serve opposing parties per state rules and docket proof.

Timing Checklist and Important Filing Dates

Key timing tasks include execution, notarization, filing with court, serving opposing parties, and noting deadlines for jurisdictional motions or appeals.

Date of Affidavit Execution (MM/DD/YYYY):

Sign and notarize as soon as facts are gathered.

File with Court or Attach to Pleading:

File contemporaneously with jurisdictional motion or responsive pleading.

Serve Opposing Parties per Rule:

Comply with state service timelines to avoid dismissal.

Remote Notarization Session Recording Retention:

Retain audio-video RON records for statutory period if used.

Post-judgment Appeal and Retention Trigger Dates:

Preserve originals through appeal deadlines and potential remand proceedings.

Penalties and Risks from Incorrect or Incomplete Affidavits

Perjury Risk: False statements may lead to criminal perjury charges.
Dismissal Risk: Court may strike affidavit or dismiss for lack of jurisdiction.
Sanctions: Attorney fees or monetary sanctions for frivolous or false filings.
Evidentiary Exclusion: Unsupported assertions may be excluded at hearing.
Notary Invalidity: Incorrect jurat or missing seal can void the affidavit.
Service Penalties: Failure to properly serve can delay or bar relief.

Common Preparation Pitfalls to Avoid

  • Vague factual assertions without dates, locations, or supporting exhibits that fail to show specific contacts necessary for personal jurisdiction analysis.
  • Listing generalized business presence without demonstrating purposeful availment such as contracts executed, regular transactions, or property ownership within the forum state.
  • Attaching poorly labeled or unsigned exhibits, scanned incompletely, or using images that obscure key dates and signatures undermines evidentiary value.
  • Failing to notarize in jurisdictions that require jurat, seal, or witness signatures results in procedural rejection or contested admissibility.

Essential Data Elements to Include on the Affidavit

Affiant Name: Full legal name as on ID.
Affiant Address: Street, city, state, ZIP.
Venue: County and state of notarization.
Statement of Facts: Chronological acts linking non-resident to forum.
Exhibits List: Enumerated supporting documents and descriptions.
Notary Details: Jurat, signature, seal, and commission expiry.

Who Signs and Who Reviews the Affidavit

Plaintiff Attorney

Prepares the affidavit to support personal jurisdiction allegations, assembles exhibits demonstrating forum contacts, and ensures sworn verbiage meets state formalities. Coordinates notarization, filing strategy, and proper service to withstand jurisdictional motion scrutiny in contested litigation.

Notary / Clerk

Verifies identity, completes jurat, applies official seal, and records notarial acts. Court clerks accept filings, note docket entries, and may advise on local filing or witness requirements; both roles ensure the affidavit meets procedural admissibility standards.

Practical Tips for Accurate and Efficient Completion

Practical tips to improve affidavit clarity, evidentiary value, and acceptance by courts or clerks during jurisdictional disputes.

Use precise dates, locations, and actions
Draft the factual narrative in chronological order. Provide precise dates, street addresses, transaction amounts, and the specific actions taken by the non-resident. Tie each fact directly to a labeled exhibit and identify witnesses where available to strengthen admissibility.
Label exhibits consistently and clearly
Use a single exhibit naming convention (Exhibit_A, Exhibit_B) and include a table of exhibits. Scan at high resolution, include metadata, and ensure each exhibit is referenced in the affidavit to avoid confusion at hearing.
Confirm notary requirements before signing
Verify whether your jurisdiction requires in-person notarization, witnesses, or allows RON. If using RON, document the session ID and retain audio-video recordings per state rules to satisfy evidentiary authenticity.
Cross-check names, dates, and attachments multiple times
Double-check all personal names, aliases, dates, and exhibit attachments before notarization. Even minor discrepancies can trigger jurisdictional challenges, create delays, or result in evidentiary exclusions at pretrial hearings or motions.

Example Scenarios Where This Affidavit Is Used

Illustrative scenarios show when this affidavit clarifies jurisdictional claims and how supporting exhibits strengthen a court's understanding of non-resident contacts.

Real Estate Dispute

A homeowner sues a contractor who resides out of state after work on local property allegedly breaches contract and caused damage.

  • Attach contract, payment records, and inspection reports.
  • The affidavit ties the out-of-state contractor to the forum by documenting the signed contract, job site addresses, delivery dates, and payment transfers; properly labeled exhibits streamline the court's jurisdictional analysis during preliminary motions.

Business Contract Case

A corporation seeks to establish jurisdiction over a foreign supplier after multiple negotiated shipments and in-state payments tied to a long-term distribution arrangement.

  • Include invoices, wire transfers, and correspondence.
  • The affidavit collates transactional records and email chains showing purposeful availment; clear exhibit mapping and notarized oath reduce the likelihood of dismissal for lack of personal jurisdiction and focus the court on merits.

Frequently Asked Questions About This Affidavit

Answers to frequent procedural and technical questions about preparing, notarizing, and eSubmitting the Affidavit of Jurisdiction Over a Non-Resident.


Need help? Contact support

Explore Templates

Operator Assignment Form Bail Assignment Form Assignment Form Appellate Court Judgment Assignment Form Supreme Court Gender Reassignment Surgery Precertification Information Request Form Assignment and Transfer of Students
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.