Free New York Affidavit of Service | Fillable PDF Form

📜 Affidavit of Service

Sworn Proof of Service – New York

🚨 CRITICAL – This Is a Sworn Statement

Affidavit of service is a sworn legal document:

  • Under oath: Person serving documents swears accuracy under penalty of perjury
  • Proves service: Evidence that notice/petition was properly served
  • Required for court: Must submit to court to proceed with eviction
  • Must be notarized: Signature must be notarized by public notary
  • False statements illegal: Lying on affidavit is perjury (criminal offense)

⚠️ Who Can Serve

Not everyone can serve eviction documents:

  • Cannot be landlord: Landlord cannot serve their own eviction papers
  • Must be 18+: Server must be at least 18 years old
  • Not party to case: Cannot have interest in outcome
  • Process server: Professional process servers can serve
  • Sheriff/marshal: Can serve eviction documents
  • Any disinterested adult: Friend, employee, attorney can serve

📋 Service Methods

  • Personal service: Hand directly to tenant (best method)
  • Substituted service: Leave with person at residence + mail copy
  • Conspicuous place: Post on door + mail copy (if other methods fail)
  • Different rules for different documents: Petition requires personal/substituted, notices may allow posting

📝 Affidavit Details

Optional but recommended for personal service

Person Serving (Affiant)

Person who actually served the documents

Person Served (Respondent)

Documents Served

Method of Service

Physical Description (for personal/substituted service)

Additional Information

⚠️ Notarization Required

This affidavit must be signed in the presence of a notary public. The notary will verify your identity and witness your signature. Bring valid ID when getting this affidavit notarized.

📚 Complete Guide to Affidavits of Service

Legal Authority: Affidavit of service is sworn statement under oath proving that eviction notice or court petition was properly served on tenant. New York courts require proof of service before eviction can proceed. Server must be disinterested party (not landlord), at least 18 years old. False statements in affidavit constitute perjury. Affidavit must be notarized.

What Is an Affidavit of Service?

An affidavit of service is a legal document that serves several critical purposes:

  • Sworn statement: Person who served documents swears under oath that service occurred
  • Proof of service: Evidence for court that tenant received notice/petition
  • Details how served: States method (personal, substituted, posting), date, time, location
  • Describes person served: Physical description helps confirm correct person
  • Must be notarized: Signature must be witnessed by notary public
  • Required for eviction: Court won’t proceed without proof of proper service

Who Can Serve Documents

Person Can Serve? Notes
Landlord NO Cannot serve your own eviction papers
Property Manager Usually NO If party to case, cannot serve
Process Server YES Professional servers trained in proper service
Attorney YES Landlord’s attorney can serve
Sheriff/Marshal YES Law enforcement can serve
Friend YES If 18+, disinterested, not party to case
Employee MAYBE If no interest in outcome and not named party

Service Methods

📋 Three Main Service Methods

1. Personal Service (Best Method):

  • Hand documents directly to tenant
  • Server must see tenant face-to-face
  • Tenant may refuse to accept – still counts if offered
  • Server should note physical description
  • Record date, time, location

2. Substituted Service:

  • Used when can’t find tenant after diligent effort
  • Deliver to: person of suitable age/discretion at residence OR at tenant’s business
  • Must also mail copy to tenant
  • Note who received documents and their relationship to tenant
  • Suitable person: adult family member, coworker with authority

3. Conspicuous Place (Posting + Mailing):

  • Last resort when personal and substituted not possible
  • Post document on apartment door OR other conspicuous place
  • Must also mail certified copy to tenant
  • Note exact location where posted
  • Not allowed for all document types – check requirements

What to Include in Affidavit

Required elements:

  1. Server information: Name, address, age, relationship to case
  2. Person served: Name(s) of tenant(s)
  3. Service address: Where service occurred
  4. Date and time: When service occurred
  5. Documents served: What was given to tenant
  6. Method of service: Personal, substituted, or posting
  7. Details of service: How it was done, who received it
  8. Physical description: Of person served (for personal/substituted)
  9. Mailing info: If mailed, when and where
  10. Server signature: Must be notarized

Notarization Requirement

Affidavit must be notarized:

  • Find notary: Banks, UPS stores, law offices often have notaries
  • Bring ID: Valid government-issued photo ID required
  • Sign in presence: Cannot sign beforehand – must sign in front of notary
  • Swear under oath: Notary will ask if you swear statement is true
  • Notary signs/stamps: Notary completes notary block with signature and seal
  • Small fee: Usually $5-15 per signature

Common Mistakes

❌ Top 10 Affidavit Errors

  1. Landlord served documents: Landlord can’t serve their own eviction papers. Must use disinterested party.
  2. No notarization: Forgot to get affidavit notarized. Not valid without notary signature/seal.
  3. Wrong date: Said served on 12/1 but really served 12/3. Court discovered discrepancy, case dismissed.
  4. Insufficient detail: “Served tenant.” Not specific enough – who, how, where?
  5. Didn’t mail copy: Used substituted service but forgot to mail. Service incomplete.
  6. Vague description: “Left with someone at door.” Who? What’s their relationship?
  7. Posted without mailing: Posted notice but didn’t mail certified copy. Required for posting method.
  8. Server under 18: 17-year-old served documents. Server must be 18+.
  9. No physical description: Claimed personal service but couldn’t describe person. Tenant denied service.
  10. Server has interest: Building manager named in lawsuit served documents. Not disinterested party.

Best Practices

✅ Affidavit of Service Checklist

  • Use professional process server: Trained in proper service, experienced with court requirements
  • Attempt personal service first: Best method, hardest to challenge
  • Document everything: Date, time, location, description of person
  • Take photos: If posting, photograph posted notice on door with address visible
  • Be specific in details: “Handed to John Smith, white male, 40s, 6 feet tall, brown hair”
  • Note multiple attempts: Shows diligence if had to use substituted service
  • Keep copy of served documents: Attach to affidavit or keep with file
  • Get notarized immediately: Don’t wait – memories fade
  • File promptly with court: Don’t delay filing affidavit
  • Make copies: Keep copy for your records
  • Be truthful: Never lie on affidavit – it’s perjury

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. Affidavit of service is sworn statement under oath proving proper service of eviction documents. Must be signed by person who actually served documents (not landlord) and notarized by licensed notary public.

False statements in affidavit are perjury. Lying about service is criminal offense. Court relies on accuracy of affidavit to determine if tenant received proper notice. If service didn’t occur as stated, do not sign affidavit or eviction case may be dismissed and criminal charges could follow.

Server must be disinterested party. Landlord cannot serve their own eviction documents. Server must be at least 18 years old and have no interest in outcome of case. Professional process servers are recommended.

Service method must match requirements. Different documents have different service requirements. Petition typically requires personal or substituted service. Some notices may allow posting. Check specific requirements for document being served. Improper service results in case dismissal.