Free Texas Affidavit of Service | Fillable PDF Form

📜 Texas Affidavit of Service

Sworn Proof of Notice Delivery – Must Be Notarized

🚨 CRITICAL – This Is a Sworn Statement

Affidavit must be truthful and notarized:

  • Sworn under oath: False statements = perjury (criminal offense)
  • Must be notarized: Notary public must witness your signature
  • Required for court: Cannot prove service without affidavit
  • Person who served signs: Only person who actually delivered notice can sign
  • Must be specific: Exact date, time, method, location required

⚠️ Who Can Sign This Affidavit

Only the person who actually served the notice:

  • If YOU personally handed notice to tenant → YOU sign
  • If someone else handed notice → THEY sign
  • If process server delivered → THEY sign
  • If mailed → person who mailed signs
  • Cannot sign if you didn’t do it yourself

📋 What This Proves

Affidavit establishes proper service:

  • Notice was actually delivered
  • Delivered to correct person/location
  • Delivered on specific date
  • Delivered using proper method
  • Required for eviction filing

📝 Affidavit Details

Person Making This Affidavit (Affiant)

ONLY person who actually delivered notice can sign

Document That Was Served

Person(s) Served

Service Details

Date notice was delivered/posted/mailed

Approximate time (if known)

Additional Details

Oath and Signature

Date signing this affidavit (today)

⚠️ Important – Notarization Required

This affidavit MUST be signed in front of a notary public:

  • Take printed affidavit to notary
  • Bring valid photo ID
  • Sign in notary’s presence
  • Notary will add their seal and signature
  • Without notarization, affidavit is invalid

Find notaries at: Banks, UPS stores, law offices, mobile notary services

📚 Complete Guide to Affidavit of Service

Legal Authority: Texas courts require proof of service for eviction proceedings. Affidavit of service is sworn statement under oath that notice was properly delivered. Must be specific about date, time, method, and person served. Must be notarized by notary public. False statements constitute perjury. Required when filing eviction petition to prove proper notice was given. Without proof of service, eviction case will be dismissed.

What Is an Affidavit of Service?

Legal definition:

  • Sworn statement: Made under oath, subject to perjury penalties
  • Proof of delivery: Documents that notice was properly served
  • Notarized: Must be signed in front of notary public
  • Court requirement: Needed to file eviction lawsuit
  • First-hand knowledge: Only person who served can make affidavit

Why Is It Required?

Purpose of affidavit:

  • Proves proper notice: Landlord must prove tenant was notified
  • Protects tenant rights: Ensures due process
  • Establishes timeline: Shows notice period satisfied
  • Creates record: Permanent proof for court file
  • Prevents disputes: Sworn testimony about service

Who Can Sign Affidavit?

Only person who actually served notice:

✅ Who Can Sign

  • Landlord: If landlord personally handed notice to tenant
  • Property manager: If manager served notice
  • Process server: Professional who delivered notice
  • Attorney: If attorney served notice
  • Any adult who served: Employee, friend, family member who delivered

Key requirement: Must have personal knowledge – actually did the service themselves

❌ Who CANNOT Sign

  • Someone who didn’t actually serve notice
  • Landlord if employee served (employee must sign)
  • Person who was told about service by someone else
  • Anyone without first-hand knowledge

Important: Signing affidavit when you didn’t serve = perjury

What to Include in Affidavit

Required information:

  1. Your identity: Full name, address
  2. Document served: Type of notice (3-day, 30-day, etc.)
  3. Person(s) served: Tenant names
  4. Property address: Where notice delivered
  5. Service method: Personal, posting, mail
  6. Date of service: Exact date notice delivered
  7. Time (if known): Approximate time of day
  8. Specific details: Who received it, where posted, tracking number, etc.

Service Method Details

Different requirements for each method:

Personal Service – Most Detailed

Must include:

  • Name of person who received notice
  • Relationship to tenant (tenant, spouse, adult child, etc.)
  • Physical description (height, age, hair, clothing)
  • Exact location of service
  • Any statements made by person

Example: “I personally handed notice to John Smith, the tenant, on his front porch at approximately 3:00 PM. Mr. Smith is approximately 6 feet tall, mid-40s, brown hair, wearing blue jeans and white t-shirt. He acknowledged receipt.”

Posting – Describe Attempts First

Must include:

  • Attempts at personal service first
  • Exact posting location (inside or outside door)
  • How notice was affixed (tape, tack, etc.)
  • Condition of posting

Example: “After three attempts at personal service with no answer, I posted notice on inside of main entry door using clear packing tape on January 5, 2025 at 4:30 PM.”

Mail – Include Tracking Info

Must include:

  • Date mailed
  • Address where mailed
  • Type of mail (certified, registered, regular)
  • Tracking/receipt number
  • Post office location

Example: “I mailed notice via certified mail, return receipt requested, on January 1, 2025 from Dallas Main Post Office. Tracking number 1234567890. Notice addressed to 123 Main St, Dallas, TX 75001.”

Notarization Process

Steps to get affidavit notarized:

  1. Fill out affidavit: Complete all information
  2. Do NOT sign yet: Must sign in notary’s presence
  3. Find notary: Bank, UPS store, law office, mobile notary
  4. Bring photo ID: Driver’s license, passport, state ID
  5. Sign in front of notary: Notary watches you sign
  6. Notary completes: Notary adds seal, signature, commission info
  7. Keep original: File with court, keep copy for records

Common Mistakes

❌ Top 10 Affidavit Errors

  1. Wrong person signed: Landlord signed but employee served. Person who served must sign.
  2. Not notarized: Forgot notary. Affidavit invalid without notarization.
  3. Vague details: “Served notice last week.” Must be specific date.
  4. No physical description: For personal service, need description of person.
  5. Wrong date: Service date doesn’t match evidence. Inconsistent.
  6. Signed before notary: Must sign in notary’s presence, not before.
  7. Missing tracking number: Certified mail with no tracking. Need proof.
  8. Didn’t describe attempts: For posting, must show tried personal service first.
  9. Exaggerated: Embellished facts. Stick to truth – it’s under oath.
  10. Lost original: File copy with court. Original must be notarized.

Best Practices

✅ Affidavit Checklist

  • Be specific: Exact dates, times, locations, descriptions
  • Tell truth: This is under oath – accuracy critical
  • Right person signs: Only person who actually served
  • Get notarized: Always required, no exceptions
  • Keep copies: Original for court, copy for your records
  • Attach evidence: Photos of posting, postal receipts, etc.
  • Check consistency: Dates match notice, evidence
  • Professional appearance: Typed, organized, complete
  • Sign in black ink: Easier to copy/scan
  • File with petition: Required when filing eviction

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. Affidavit of service is sworn statement under oath subject to perjury penalties. Must be truthful and accurate. Only person who actually served notice can sign affidavit. Must be notarized by notary public.

Perjury is serious crime. False statements in affidavit = criminal offense. Must have first-hand knowledge. Cannot sign if someone else told you about service. Be specific and accurate with all details. When in doubt, be more detailed rather than less.

Required for eviction filing. Cannot file eviction without proof of service. Affidavit establishes proper notice was given. Without valid affidavit, case will be dismissed. Make sure affidavit is complete, accurate, and notarized before filing eviction petition.