Affidavit of
Non-Service

An Affidavit of Non-Service (or Affidavit of Attempted Service) is filed when a process server is unable to locate or serve a defendant after multiple attempts. This document details the specific dates, times, and efforts made to deliver the papers, such as visiting the home at different times of day, speaking with neighbors, or checking employment addresses.

This affidavit is essential for proving to the court that the plaintiff exercised "due diligence" in trying to notify the defendant. Once accepted by the court, this affidavit often paves the way for alternative methods of service, such as Service by Publication (posting the notice in a newspaper) or Service by Mail, allowing the lawsuit to proceed despite the defendant's absence or evasion.