The affidavit of service, explained

What it is

An affidavit of service, also called a return of service, is the sworn statement by the person who delivered the papers. It tells the court that the defendant was served, and how. Without it the case cannot move: no default, no hearing, no judgment.

What it has to contain

• The date and time of service, and the address where it happened.
• The manner of service: personal, substitute on a resident aged 15 or older, on a registered agent, or posting where the statute allows it.
• The name and a description of the person served, or the person who accepted the papers.
• The documents served, listed by name.
• The server's name, certification number and signature, sworn before a notary or under the penalties of perjury as the rule allows.

Every affidavit we sign also cites the attempts that came before the successful one, with dates and times, so the record shows diligence even when the serve succeeded.

Who can sign it

In Miami-Dade, private service of process is performed by process servers certified by the county, or by the sheriff. Our servers hold Miami-Dade Certified Process Server credentials (CPS #10098) and are NAPPS members. An affidavit signed by an uncertified person can be struck.

How it is filed

Attorneys file the affidavit through the Florida Courts E-Filing Portal into the case. Our affidavits are produced as clean PDFs with a proper caption, so they upload without reformatting. Self-represented parties can file through the same portal or at the clerk's office. If you would rather we file it, a court filing run is $65 and we bring back the conformed copy.

When service is challenged

A defendant who claims they were never served will move to quash service. The judge looks at the affidavit and, if it comes to that, the server's records. This is why we log GPS coordinates, a time stamp and a photo on every attempt: the affidavit says where and when, and the log proves it. Vague affidavits lose those hearings; documented ones win them.

More guides

• How to choose a process server in Miami-Dade: a 9-point checklist
• How much does a process server cost in Miami?
• How to serve someone who is avoiding service in Miami-Dade
• Serving eviction notices in Miami-Dade: 3-day, 7-day and posting rules