How to Sign a Proof of Service by Mail
Proof of service by mail is a form signed by a third party not connected to a legal action who is mailing the documents for someone else, perhaps an employer or friend. The third party will be sending the documents using the U.S. Postal Service instead of a courier or process server. There is more to proof of service by mail than just dropping an envelope into the closest mail bin. There is a form that needs to be completed by the person who is mailing the documents. It is a legal and binding document and must be filled out and signed properly.
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Instructions
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Read form POS-030, available at any courthouse. Complete the form, starting with the top section, which asks for the name of the attorney. Fill in the attorney information or the "pro per" information, which would mean the person filing the action is acting as his own attorney.
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Complete the next box, which asks for the name and address of the court that is governing the legal action being taken.
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Fill in the next two boxes, which are labeled "petitioner and respondent." The petitioner is the person making the complaint or filing the court action. The respondent is the person the complaint is against.
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Complete the next box, which is labeled "case number." This is the case number of the pending legal action.
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Complete the next items, labeled No. 1 through No. 5. You must be at least 18 years of age to sign a proof of service affidavit. Do not do anything with No. 1 -- you will attest to your age when you sign the form at the end.
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Write your address on the next line, No. 2.
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Fill in the date and the city and state from which you will mail the documents on No. 3. Unless you are mailing multiple documents, you do not need to mark the box underneath the question. This pertains to an addendum form listing each document by name. It is unnecessary for service of only one document.
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Place a mark in No. 4 in either the spot that says you mailed the documents, prepaid from a post office or dropped them into a mailbox that has a regular pickup time posted. Or, check the box that says that you placed the item to be mailed with prepaid postage into a mail system you are familiar with and that has mail picked up and removed daily, such as your place of employment.
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Fill in the blank on No. 5 with the name of the person being served and the address to which the legal document is being sent. Do not mark the box underneath unless you are sending the same document to multiple parties. This would imply you have filled out an addendum to the proof of service form to add the names of multiple recipients. It is not necessary for one recipient.
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Sign and date the last boxes on the form certifying that you mailed the document. Signing the document also attests you are over the age of 18, and the information provided is true to the best of your knowledge under penalty of perjury.
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References
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