How to Prepare and File a Return of Service of Service and Affidavit

While legal professionals are privy to legal jargon, most other people are not familiar with it. They may often find themselves swimming in a pool of uncertainty, overwhelmed with trying to understand the necessary steps of walking through their legal proceedings. 

When you’re not even sure where to begin, terms like “Return of Service” or “Affidavit of Service” are confusing. In this article, we will explain what these specific terms mean and discuss the necessary steps you’ll need to take in order to ensure that your legal needs are met. 

So when it comes to needing help with serving someone with legal papers and all the required steps that follow, you can rely on our professionals at Encore Legal Process.

Getting Started

If you need to serve someone with legal papers of any kind, you can simply reach out to our office and we will assist you every step of the way. 

There are a few ways to contact us: 

1. Go to www.encorelegalprocess.com. From the home page, scroll to the bottom of the page and enter the following contact information in the red box: Name, Email, Phone Number, and a Quick Message explaining what services you’re in need of. You can also locate this information from our website and clicking on the “Contact Us” tab from the header bar. 

2. Email us @ support@encorelegalprocess.com.

3. Call us @ (800) 914-0365.

Once you contact us, we will assist you in making sure that your legal papers are served to the required person/people. To learn more about what types of papers a process server serves or just about the process, in general, check out our other article What Types of Papers Does a Process Server Serve and What Is the Process?

Return of Service Explained

After your papers have been served to the defendant, the next step is to file a proof of service. Let’s answer some questions that you’ll likely have pertaining to a Proof of Service: 

1. What is a Return of Service? A Return of Service, an Affidavit of Service, is a legal document that is required after the defendant has been served their legal papers. This basically serves as proof that the required person/people were given their legal papers, so they cannot try to say that they never received them. 

2. What information is included in a Return of Service? 
   The return, together with any documents to which it is attached, must include the following information:
   (1) the cause number and case name;
   (2) the court in which the case is filed;
   (3) a description of what was served;
   (4) the date and time the process was received for service;
   (5) the person or entity served;
   (6) the address served;
   (7) the date of service or attempted service;
   (8) the manner of delivery of service or attempted service;
   (9) the name of the person who served or attempted to serve the process;
   (10) if the person is a process server certified under order of the Judicial Branch Certification Commission (JBCC), his or her identification number and the expiration date of his or her certification; and
   (11) any other information required by rule or law.

The last thing you want is for your legal case to be put on hold due to paperwork being incorrectly filled out or filed. 

How To Prepare a Return of Service / Affidavit of Service

Now that you have a general understanding of what a Return of Service is and what information you’ll likely find on it, let’s discuss how to go about actually filling one out. 

• In Texas, the court will provide an original citation with a blank return of service attached. Once service is completed, the process server will either fill out the court provided return of service or attach their own affidavit of service while still complying with all necessary information listed on the affidavit.

• Proofread Form (It’s always vital to double-check the form to ensure that you have filled out all necessary information and that it is accurate to the best of your knowledge.) *Whenever you draft up your own Return of Service Form, you always risk not knowing all of the up to date and accurate information as to what is required on the form for the state involved. 

At Encore Legal Process, we can make sure that your Return of Service is filled out correctly, according to the Rule 107 of the Texas Civil Code of Procedure. 

How to File a Return of Service / Affidavit of Service

When your Return of Service is filled out and you have inspected it for accuracy, the next step is to file it. 

Copies of the Return of Service will need to be given to all required people. It is generally required to file the Return of Service with the court that will be handling that particular case. In some cases, copies may also need to be given to other parties involved in the legal case. 

At Encore Legal Process, we can handle all of this for you. We will serve the necessary papers to the defendant, create and fill out a Return of Service once the papers have been served, and even file the Return of Service for you after service has been completed. We offer this e-filing at no additional cost, to ensure that copies are given to everyone in need of them. 

Contact Encore Legal Process Today!