Is notarization always required?

Not always. Some courts and agencies accept unsworn declarations under penalty of perjury while others prefer a notarized jurat; check local court rules or agency guidance before filing.

What if I lack a tracking number?

Include a clear statement of mailing method (first-class, certified, business mail) and attach any postage receipts or batch logs; absence of tracking may lower evidentiary weight but the sworn statement still supports the record.

How should I store electronic affidavits for compliance?

Retain signed copies and full audit trails in a secure system using AES-256 at rest and TLS 1.2/1.3 in transit; maintain records for applicable retention periods (e.g., IRS 3 years, HIPAA 6 years).

Can a remote online notary (RON) notarize the affidavit?

Many states permit RON with identity proofing, audio-video recording, and retention; verify state RON rules and ensure the platform meets state notary requirements including journal and recording retention.

What happens if the affidavit is challenged?

If contested, courts review corroborating evidence such as postal receipts, tracking logs, audit trails, and the notary record; inaccurate affidavits risk sanctions, contempt, or perjury proceedings.

Electronic Signature
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Affidavit of Mailing

Affidavit of Mailing

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

AFFIDAVIT OF MAILING—CORPORATION, LLC, etc.

STATE OF ARIZONA

COUNTY OF

On the day of , 20, the Preliminary Twenty Day Notice was mailed to

at

would hereby show that has failed to complete the acknowledgment or failed to complete and return the acknowledgment within thirty days from the date of mailing. Proof of mailing is hereby made by affidavit of the person making the mailing. The time, place and manner of mailing were

The facts showing that such service was made in accordance with Arizona Revised Statutes § 33-992.01 are

The name and address of the person to whom a copy of the Preliminary Twenty Day Notice was mailed is

The title or capacity in which he was given the notice is

If mailing was made by first class mail sent with a certificate of mailing, the certificate of mailing is attached to this Affidavit. If the mailing was by certified or registered mail, the receipt of certification or registration is attached to the Affidavit.

This the day of , 20

Name of Company

By:

Signature Title

Type or Print Name

State of Arizona

County of

The foregoing instrument was acknowledged and sworn to before me this by ,

title or officer or agent) of (name of corporation acknowledging) a

incorporation) corporation, on behalf of the corporation.

NOTARY PUBLIC

Print Name:

My Commission Expires:

AZ § 33.992.02

What an Affidavit of Mailing Is and when it applies

An Affidavit of Mailing is a sworn written statement by the sender attesting that a specified document or notice was mailed to a named recipient on a particular date and by a particular method. Courts, government agencies, and organizations commonly accept it as evidence of service or notice when original postal receipts are unavailable. The affidavit normally identifies the document mailed, recipient address, mailing date, delivery method (first-class, certified, or registered), and any tracking number, and it is often notarized to add formal authentication.

Why an Affidavit of Mailing matters for legal and administrative records

An Affidavit of Mailing provides a written, sworn record that can satisfy service-of-process or notice requirements, support claims of timely mailing, and reduce disputes about whether a party received required documents; it complements postal tracking data and can be filed in court or produced to agencies. Under ESIGN (15 U.S.C. ch. 96) and state UETA rules, an electronically executed affidavit can be admissible when it meets intent, consent, attribution, and retention requirements.

Who typically prepares and relies on an Affidavit of Mailing

Common preparers include litigants, lawyers, government clerks, and company compliance officers who need formal proof that a document was mailed.

Attorneys and law firms preparing proof of service for court filings and pleadings, often paired with docket entries and postal tracking.
Business compliance teams documenting notice to customers, vendors, or shareholders in contractual or regulatory workflows.
Government office staff and filing clerks who require sworn statements as part of administrative recordkeeping.

Recipients and tribunals rely on the affidavit as corroborating evidence; when disputed, notarization and contemporaneous mailing records strengthen its probative value.

Core elements to include in a professional Affidavit of Mailing

A clear, structured affidavit reduces ambiguity and supports admissibility. The following components are standard and practical for most U.S. uses.

Affiant Identity

Full legal name and contact information of the person swearing to the mailing; include job title and relationship to the sending party when applicable.

Statement of Mailing

A plain declarative sentence stating what document was mailed, the recipient name and address, the mailing date, and the method used.

Tracking Details

Carrier name, service level (e.g., certified mail), tracking or receipt number and any delivery confirmation information that exists.

Notarial Block

Notary public acknowledgement or jurat with the notary’s signature, commission number, and commission expiration date where state rules or court practice require notarization.

Signature and Date

Affiant signature and printed name, plus the date signed; if signed electronically, include audit-trail details showing signer attribution and timestamp.

Attachment List

List or copy of the mailed document(s) or a concise description and file reference so the affidavit clearly ties to the underlying material.

Step-by-step: completing and validating an Affidavit of Mailing

Follow these steps to prepare an affidavit that is clear, verifiable, and acceptable for filing or production.

01

Prepare document: Identify the exact documents mailed and gather postal receipts or tracking.
02

Complete affidavit: Fill affiant, recipient, mailing date, and method fields precisely.
03

Have notarized: If required, sign before a notary or use RON per state rules.
04

File or retain: File with court/agency or retain with case file and provide copies as needed.

Where to file, send, or present an Affidavit of Mailing

The destination depends on the reason for the affidavit — court docket, administrative file, opposing counsel, or internal records.

Court Filings: Attach to the related motion or file as evidence of service per local rules.
Agency Submissions: Submit with administrative responses when an agency requires proof of mailed notice.
Opposite Party: Provide a copy to opposing counsel or the recipient as proof of attempted or completed notice.
Internal Records: Store a signed and dated copy in the matter file for audit and compliance purposes.

Configuring an online Affidavit of Mailing workflow

Set up fields, signer roles, and notarization steps when automating the affidavit in an eSignature system.

Field	Configuration
Affiant Name	Required text field, auto-fill from user profile
Recipient Address	Required multiline field with address validation
Mailing Date	Date field (MM/DD/YYYY) with calendar widget
Tracking Number	Optional text field; attach scanned receipt if available

Digital signing and notarization options for an Affidavit of Mailing

Choose a platform that supports signer authentication, audit trails, and RON or in-person notarization where required.

Authentication: Email link plus optional SMS or knowledge-based authentication for higher assurance.
Audit Trail: Capture IP, timestamp, and signature events to support attribution and admissibility.
RON Support: Platform should record audio-video session and store notarization metadata for jurisdictions permitting RON.

Ensure the chosen configuration meets ESIGN (15 U.S.C. ch. 96) and state UETA or ESRA requirements and any industry-specific rules before relying solely on an electronic affidavit.

Timelines, deadlines, and timing expectations

Timing matters because mailing date often triggers statutory notice periods or filing windows; record dates and preserve supporting evidence.

Triggering Date:

Use the actual mailing date in MM/DD/YYYY; it starts contractual or statutory notice periods.

Court Deadlines:

File or lodge affidavit by the deadline specified in local court rules or case scheduling orders.

Agency Windows:

Agencies may require proof of mailing within a specific timeframe after mailing — check agency guidance.

Document Retention:

Retain affidavit until the end of the relevant retention period; see retention timeline below.

RON Recording Retention:

If notarized via RON, audio-video retention requirements often range 5–10 years per state notary rules.

Common mistakes to avoid when preparing an Affidavit of Mailing

Using informal or incomplete recipient names or addresses, which can lead to disputes about whether the intended party received notice.
Failing to record or attach tracking numbers or receipts, leaving the affidavit unsupported by corroborating evidence.
Skipping notarization where local practice or court rules expect a jurat, weakening admissibility and increasing the chance of challenge.
Relying on an unsigned or improperly signed electronic copy without a verifiable audit trail that demonstrates signer intent and attribution.

Legal risks and consequences of a false or incorrect affidavit

Perjury Exposure: Affirming false facts in an affidavit can expose the affiant to perjury charges under state criminal statutes.

Contempt of Court: Courts may find contempt or sanction parties for misrepresentations about service.

Procedural Delay: Incorrect affidavits can lead to case continuances or re-service orders.

Evidentiary Rejection: A non‑notarized or unsupported affidavit may be excluded as insufficient proof of mailing.

Financial Exposure: Sanctions, fines, or increased costs from having to re-serve or remediate the error.

Reputational Harm: Repeated deficiencies may erode trust with courts, regulators, or counterparties.

Comparing eSignature providers for executing Affidavits of Mailing

Basic capability and pricing differences among common eSignature vendors; signNow is listed first per platform comparison conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Yes, trial available	Yes, trial available	Yes, trial available	Yes, trial available
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Affidavits of Mailing

Common practical questions and concise answers about completion, notarization, e-signing, and evidentiary value.

Need help? Contact support

Can an Affidavit of Mailing be signed electronically?
Yes. Under ESIGN (15 U.S.C. §7001) and UETA, electronic signatures can be legally binding when the record meets intent, consent, attribution, and retention requirements; ensure the eSignature platform captures an audit trail and, where applicable, a consumer disclosure.
Is notarization always required?
Not always. Some courts and agencies accept unsworn declarations under penalty of perjury while others prefer a notarized jurat; check local court rules or agency guidance before filing.
What if I lack a tracking number?
Include a clear statement of mailing method (first-class, certified, business mail) and attach any postage receipts or batch logs; absence of tracking may lower evidentiary weight but the sworn statement still supports the record.
How should I store electronic affidavits for compliance?
Retain signed copies and full audit trails in a secure system using AES-256 at rest and TLS 1.2/1.3 in transit; maintain records for applicable retention periods (e.g., IRS 3 years, HIPAA 6 years).
Can a remote online notary (RON) notarize the affidavit?
Many states permit RON with identity proofing, audio-video recording, and retention; verify state RON rules and ensure the platform meets state notary requirements including journal and recording retention.
What happens if the affidavit is challenged?
If contested, courts review corroborating evidence such as postal receipts, tracking logs, audit trails, and the notary record; inaccurate affidavits risk sanctions, contempt, or perjury proceedings.

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