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Justia Affidavit of Attempted Service of Notice

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AFFIDAVIT OF ATTORNEY APPOINTED UNDER
SERVICEMEMBERS CIVIL RELIEF ACT

IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA

AT

Plaintiff(s),

Defendant(s).

CASE NO.

I, attorney appointed under the Servicemembers Civil Relief Act of 2003, 50 U.S.C. Appendix §§ 3902, 3931, and 3932, to represent and protect the interests of servicemember say on oath or affirm under penalty of perjury that the following facts and statements are true to the best of my knowledge:

1. I contacted the servicemember and assured that the servicemember has actual notice of the lawsuit. The servicemember's current mailing address and telephone number are:

I did not contact the servicemember or assure that the servicemember has actual notice of the lawsuit. The following efforts were made to locate the servicemember:

2. I advised the servicemember of the protections of the Servicemembers Civil Relief Act.

3. I advised the servicemember of the possibility of entry of default judgment and of the consequences of such a judgment.

4. I ascertained that the servicemember's ability to appear and defend his or her legal interests (select one of the following) is affected is not affected in any way by his or her military status.

5. I ascertained that the servicemember (select one of the following) does not wish does wish to move for a 90 day stay of the proceedings to enable him or her to obtain counsel or prepare a defense on the merits of the case.

6. My duties as required in the Order Appointing Attorney Under Servicemembers Civil Relief Act are now completed. The servicemember should henceforth be served at (select one of the following):

Servicemember's current address listed above

Servicemember's last known address.

7. I understand that my appointment is limited to those duties set forth herein. I further understand that this appointment does not extend to preparation of a defense on the merits of the lawsuit.

Date

Signature

Type or Print Name

Alaska Bar Association Membership No.

Subscribed and sworn to or affirmed before me at , Alaska

on this day of , 20

(SEAL)

Clerk of Court, Notary Public or other person authorized to administer oaths.

My commission expires:

CERTIFICATE OF SERVICE

I certify that on a copy of this Affidavit was sent or given to:

Plaintiff

Defendant

By:

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What the Justia Affidavit of Attempted Service of Notice Is

The Justia Affidavit of Attempted Service of Notice is a sworn statement used to document efforts to deliver court papers, administrative notices, or other required legal documents when personal service cannot be completed. It records the dates, times, locations, persons contacted, and actions taken by the process server or affiant, and it supplies the factual foundation courts use to authorize alternative service methods, extended deadlines, or entry of default. The affidavit typically accompanies a filing that asks a court to accept substituted, posted, or mailed service after good-faith attempts have failed.

Why an Attempted Service Affidavit Matters

An accurate affidavit preserves a record of diligent efforts to notify a party and supports requests for substituted or constructive service. It documents facts relevant to due process and may be essential when courts consider relief or default judgments under state procedural rules and the federal due process standard (U.S. Constitution).

Why an Attempted Service Affidavit Matters

Who Typically Prepares and Relies on This Affidavit

Professionals and parties use attempted-service affidavits when personal delivery is impractical or unsuccessful.

  • Process servers and private investigators who attempt in-person delivery and need to document multiple attempts and observations.
  • Court clerks and filing attorneys who attach the affidavit to a motion for substituted service or entry of default.
  • Litigants representing themselves who must prove they tried to serve the opposing party before seeking alternative methods.

Core Elements Found in a Professional Attempted Service Affidavit

A clear, well-organized affidavit helps the court evaluate the sufficiency of service attempts and supports any request for alternative methods such as substituted, posted, or mailed service.

Affiant Identity

Name, title, employer or agency of the person making attempts, including contact information.

Target Information

Name and last known addresses of the person or entity to be served, and identifying details.

Attempt Log

Chronological entries of dates, times, locations, and outcomes for each service attempt.

Method Details

Description of methods used (knock, call, mail, left with cohabitant) and reasons for failure.

Supporting Facts

Observations such as signage, security personnel, or statements from neighbors that affected service.

Signature Block

Affiant signature, date, and notary or acknowledgement as required by jurisdiction.

Required Information to Include in the Affidavit

Affiant Name: Full legal name of the person completing affidavit
Affiant Contact: Phone number and business address
Target Name: Full name of person or entity to be served
Addresses Tried: Each address attempted, city and state
Dates and Times: Exact dates and approximate times of attempts
Notary Block: Notary signature, seal, and commission expiration

Step-by-Step: Completing the Affidavit of Attempted Service

Follow these sequential steps to complete, notarize, and file the affidavit in support of alternative service requests.

  • 01
    Prepare Document: Gather case number, complaint, and addresses to include in affidavit
  • 02
    Record Attempts: Enter each service attempt with date, time, location, and outcome
  • 03
    Sign and Notarize: Sign before a notary or follow state RON rules if available
  • 04
    File or Attach: File affidavit with court or attach to motion for substituted service

How to Customize and Submit the Affidavit Online

Configure your digital workflow to collect signatures, notarization, and to attach evidence like photos or server logs.

Field Configuration
Signature Field Require signer name, signature, and date
Attachment Field Allow photo and PDF uploads (server logs, photos)
Authentication Use email and SMS code or stronger 2FA when required
Notarization Enable RON session or schedule in-person notary

Where to File, Send, or Submit the Affidavit

After notarization, the affidavit must be routed to the appropriate court clerk or administrative office as required by local rules.

  • Attach to Motion: File with a motion for substituted service or extension of time
  • Court Clerk: Submit as exhibit or supporting declaration per local filing procedures
  • Opposing Counsel: Serve opposing counsel with the affidavit per court rules
  • Administrative Agencies: Send to agency docket if the matter is administrative, not judicial

Digital Signing and eSubmission Considerations

Use an e-signature workflow that supports identity verification and preserves an audit trail for the affidavit.

  • Identity Verification: Email + SMS or stronger KBA as required by court
  • Audit Trail: Capture IP, timestamp, and signer actions
  • File Formats: Export as PDF/A or printable PDF with certificate

Timelines and Deadlines to Keep in Mind

Timing matters: submit the affidavit promptly with any motion so the court can act before procedural deadlines or default-judgment schedules expire.

Filing Promptness:

File contemporaneously with the motion for substituted service when possible

Court Deadlines:

Be aware of local civil rules for motion response and hearing scheduling

Preservation:

Retain original affidavit and attachments until case closure

Service Window:

Some statutes require service attempts within a set period before filing

RON Retention:

If notarized remotely, retain audio-video records as state rules require

Common Mistakes to Avoid When Preparing the Affidavit

  • Vague descriptions such as 'could not locate' without specifics — list dates, times, and observable facts instead to establish diligence.
  • Missing or incomplete address details — omit apartment or unit numbers and the affidavit may be rejected by the court.
  • Failing to notarize or using improper notarization — follow state RON rules or obtain a physical notary as required.
  • Attaching unsigned or unverified photos and logs — authenticate attachments and reference them in the affidavit narrative.

Consequences of an Incorrect or Misleading Affidavit

Evidentiary Rejection: Court may disregard affidavit for lack of sufficient detail or verification
Sanctions Risk: Opposing party may move for sanctions under civil rules
Perjury Exposure: False statements under oath can lead to criminal or civil liability
Delay: Defective affidavit can prolong service and litigation timelines
Costs: Additional filing or service expenses if affidavit fails
Refile Requirement: You may need to reattempt service and file a corrected affidavit

Real-World Examples of Attempted Service Affidavits

Two concise case examples showing how an affidavit supported a motion for alternative service and the outcome that followed.

Civil Suit Example

Affiant documented five separate attempts at a residence with times and neighbor statements

  • Photos were attached to show no response at the door
  • The court granted substituted service by mail and posted notice after finding attempts diligent and well-documented.

Administrative Hearing Example

A server attempted delivery at a business address during multiple shifts

  • The manager refused service and provided a written denial
  • The agency accepted the affidavit and allowed service by certified mail, enabling the hearing to proceed.

Practical Tips for Accurate and Efficient Affidavit Preparation

Adopt these practices to reduce disputes, speed court acceptance, and maintain defensible records of service attempts.

Be Specific and Chronological
Record each attempt with date, time, exact location, and concrete observations. Chronology builds credibility and helps courts evaluate diligence.
Include Corroborating Evidence
Attach photos, delivery receipts, or witness statements where permitted; label and reference each attachment in the affidavit text.
Use Clear Language
Avoid legalese and speculation; state only what you personally observed or verified to reduce challenges to your account.
Follow Local Rules
Confirm county or court requirements for format, notarization, and filing procedures before submitting the affidavit.

eSignature Vendor Comparison for Filing and Signing Affidavits

Basic pricing and capability comparisons for common eSignature vendors to help evaluate platforms that support affidavit signing and notarization workflows.

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 Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Attempted Service Affidavits

Answers to common questions about completing, notarizing, and filing an affidavit of attempted service in U.S. jurisdictions.


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