If your process server couldn't locate or serve a defendant, you may need an Affidavit of Diligence before the court will allow alternative service methods.
What Is an Affidavit of Diligence?
An Affidavit of Diligence (also called an Affidavit of Non-Service) is a sworn legal document signed by the process server documenting their good-faith efforts to serve a defendant. It details every attempt date and time, the address where service was attempted, what the server observed, who was encountered, and why service was not completed.
Why Courts Require It
Before authorizing alternative service methods — substituted service, posting, or publication — courts need documented proof that reasonable efforts to locate and personally serve the defendant were made. The affidavit is that proof.
What Makes a Good Affidavit of Diligence?
- Multiple attempts at different times of day and different days of the week
- GPS-timestamped records of each attempt (not just the server's word)
- Body camera documentation showing what the server observed
- Database searches showing attempts to locate alternative addresses
- Professional language that will hold up under scrutiny in court
How Faithful Path Documents Non-Service
Every attempt we make is GPS-timestamped, body-cam recorded, and logged in our case management system. When service cannot be achieved, our affidavits are court-ready documents that give attorneys everything they need to seek alternative service.
Need a process server who documents everything to court standards? Call us at (877) 331-4374 or submit a request online.
Owner and principal investigator at Faithful Path Investigations. Veteran-owned and operated, specializing in process serving and investigations throughout Missouri and nationwide.
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