Proof of Service / Certificate of Delivery Affidavit

Proof of Service / Certificate of Delivery Affidavit: a practical guide

A Proof of Service or Certificate of Delivery Affidavit records how, when, and where a document was delivered or an attempt was made, and who handled it. It is a written record of those events, not the notice, demand, or other document that was sent.

What it's for

People use this document to make a dated record after delivering or attempting to deliver a notice, demand, or other important paper. It can help the sender keep track of what was sent, how it was sent, and what happened during delivery.

The person who handled delivery usually completes the record while the details are fresh. Identify the document clearly, including its title and date, and state whether delivery was completed, refused, or could not be completed. If you need to tell someone what action to take or by when, prepare the notice or demand itself; this certificate only records delivery.

An affidavit may involve a sworn or affirmed statement, while a certificate may be an unsworn confirmation. The names, wording, witness, and signing steps needed for either can depend on where it will be used. Check local requirements or ask a qualified lawyer if the record may matter in a dispute.

Who uses it

• A person or business that sends an important notice and wants a written record of delivery.
• A person asked to deliver a document on someone else's behalf.
• A landlord, tenant, property manager, or service provider recording delivery of a written notice.
• A creditor or customer recording delivery of a payment demand or other business document.
• A recipient and sender who want to document a delivery attempt, refusal, or other unusual outcome.

Terms to decide on

Document delivered

Identify the document by its exact title and date, and note any attached pages or enclosures. This helps distinguish it from other papers sent around the same time.

Sender and recipient

Use the names of the person or company that sent the document and the intended recipient. If several people or a company are involved, make clear who sent it and who was meant to receive it.

Person who delivered it

State who handled delivery and, where useful, their relationship to the sender. The person signing should describe what they personally did or observed.

Date, time, and place

Record when and where delivery occurred or was attempted, as precisely as the person can recall. If there were multiple attempts, list each separately with its outcome.

Delivery method and outcome

Describe the method used and what happened, such as delivery to the named recipient, delivery to another person, refusal, or no answer. Do not call an attempt completed delivery unless the document was delivered in the way you describe.

Recipient identification

Explain how the person receiving the document was identified, if known, and note any uncertainty. Avoid guessing a name or relationship that the deliverer could not verify.

Statement and signature

Use a clear statement limited to facts the signer knows, then sign and date it. Add witnesses, an oath or affirmation, or notarization only when needed for the place and intended use.

Common mistakes

• Naming only a general type of paper, such as “notice,” without giving its title or date. The reader may not be able to tell which document the record describes.
• Recording the date the paper was prepared instead of the date it was delivered or attempted. Keep those dates distinct.
• Writing that delivery was completed when the person only left a message, made an unsuccessful attempt, or heard that someone else delivered it.
• Leaving out the method, location, recipient, or outcome. These details help explain what actually happened.
• Including assumptions as facts, such as stating that a recipient refused the document without describing what the deliverer observed.
• Signing long after delivery from memory, or asking someone to sign for an event they did not handle or witness.
• Treating a certificate as a replacement for the notice or demand itself. The record describes delivery; it does not set out the recipient's requested action or response.

Before you sign

• Compare the document title and date with the copy that was delivered.
• Check that the sender, intended recipient, and person who handled delivery are identified clearly.
• Confirm that each date, time, place, method, and outcome reflects what the signer knows firsthand.
• Separate completed delivery from an attempt, refusal, or uncertain result.
• Read the statement for assumptions, unclear wording, and missing details before signing.
• Check whether local rules call for a witness, oath or affirmation, notarization, or particular wording.
• Ask a qualified lawyer about local signing or delivery requirements if the record may be important in a dispute.