Contact Tralle Law
612-787-2553 claire (AT) trallelaw.com

Coffee with Claire #18 – Commonly Asked Questions Blog Series

June 6, 2018

What is the Affidavit of Service?

 

Writer’s note: This blog series is meant to act as responses to “quick” questions you may have for attorneys.  Think of these answers as a “quick” answer you might receive over coffee from your friendly neighborhood attorney.

The Affidavit of Service is another one of the initial documents used to start a divorce, custody, or child support matter.  It is a short, one page document, where a person (someone over the age of 18 and not the Petitioner) swears they served the Respondent on such and such day at such and such location.

It is required that the Respondent (the person responding to these initial documents) be served the Summons and Petition personally.  See Minn. Stat. §518.11.

However, you do not have to hire a process server – someone hired to personally serve the initial documents – especially if you are still cordial with each other.  The Respondent can admit to receiving a copy of the Summons and Petition.  Here, they sign a document (the Admission of Service) swearing they received a copy of the Summons and Petition on such and such day at such and such location.

There are alternate means to personal service including Service by Mail and Service by Publication.  These options should be discussed with an attorney, as they are only allowed under special circumstances.

If you have questions about divorce or custody, please contact Claire Tralle to set up a free initial telephone call.

 

The information in the Coffee with Claire series are intended to provide information only.  No legal advice is being provided or implied via this blog post.  No attorney-client relationship is formed by providing this information.  An attorney-client relationship with Tralle Law, LLC is formed only after a retainer contact is signed by all parties.