A proof of service is ultimately what our jobs are all about. It is a document that details your efforts as a process server to find a defendant and what is submitted to the court as evidence of your work. Quality, accurate, and timely proofs are what keep our customers coming back.
You may also hear them referred to as an Affidavit, Declaration, or Proof of Non-Service. With ABC Legal, proofs will be submitted one of three ways.
Importance of Accuracy
Before signing a proof remember to always review the details for accuracy. Proofs are signed under the penalty of perjury - this means that, in the eye of the law, you are taking an oath to tell the truth with every signature. If you ever find any errors on a proof, don't sign it, reach out to us at PartnerHelp@abclegal.com with the correct details so that we can update the records.
Clear and direct communication is key in this line of work. By asking as many questions as necessary to have a comprehensive understanding of the situation you can increase the accuracy of your proofs. Most issues with serving process can be avoided with good communication skills.
What generates a proof?
A Proof of Service will be sent to you any time you have served, sub-served, or posted documents. A Proof of Non-Service will be generated if, after being diligent in our efforts, we deem we are unable to serve the defendant at that particular address. When a proof has been generated, and before you sign, you should always review the details to ensure they are accurate. This accuracy, in the eyes of the court, is fully the responsibility of the process server.
A proof will not generate until no other instructions exist for a job. If you have not received a proof for a job you thought you had completed, check ABC Mobile! It is possible that you have notifications to respond to, or you are being asked to make more attempts.
What goes on a proof?
A proof will contain information you submitted in to the app in the process of serving or trying to serve a defendant. It is important to remember that any service information you input to the Mobile App can end up on a proof and in a court of law. The information that ends up on a proof will depend on the local court requirements as well as the outcome of our attempt to serve the defendant. See below for example proofs.
The address for service is listed on every proof. If there is ever an instance where you serve the documents anywhere else than the address that was originally assigned to you, you must enter the address in ABC Mobile.
Proofs that need to be notarized require both a wet ink signature and a signature from a Notary Public prior to mailing or emailing us a copy. A Notary Public is someone who is authorized by the state to witness the signing of documents. Rules regarding notarization are very strict, and must adhere to the following:
- You must get your documents notarized by a properly licensed notary in your jurisdiction.
- The notary must be present at the time that you sign the document.
- The notary's signature date must match your signature date.
- All documents must be properly notarized in accordance with your jurisdiction’s rules; this entails full completion of all fields as well as an accompanying notary seal or stamp
- It is NEVER acceptable to notarize your own signature.
The bottom of a proof requiring notarization will look something like the following:
Proofs will look very different from court to court and state to state, as well as depending on the outcome of the attempt of service. Here are some examples of what some proofs can look like.
California, County of Sacramento, Proof of Service:
Texas, Bexar County, Proof of Non-Service: