What Is an Affidavit of Due Diligence?


"Notice" is an important legal term; it refers to whether a party is aware of legal proceedings that could affect her legal rights and generally affords that party a chance to be heard. For example, when a lawsuit is filed, the defendant must be served with notice of the proceedings. If the defendant cannot be found, an affidavit of due diligence must state the efforts made to contact the party and notify him of the legal proceedings.

Due Diligence

  • Due diligence refers to the efforts taken to gather sufficient, objective and reliable information relating to a legal claim or transaction, according to the USLegal website. For example, due diligence in a divorce case may mean gathering information about the spouse's assets, bank accounts and debts. With regard to an affidavit of due diligence, the term refers to the efforts made by the process server to locate and deliver legal papers to an individual.

Legal Service of Process

  • Court procedural rules dictate the proper form a legal document must take and the proper way it must be delivered to a party. The rules vary by state. In general, the legal documents cannot be hand-delivered by a party in the lawsuit to another party; an independent agent, such as the court or a professional process server, must deliver the documents. According to The Free Dictionary website, there are three basic methods of service: actual service (delivering the legal documents to the actual person); substituted service (leaving the documents with an agent or representative); and service by publication (publishing notice of the proceedings in a newspaper of regular circulation).

Affidavit of Due Diligence

  • An affidavit is a sworn statement; a person can be found guilty of perjury if she submits a false statement in an affidavit. According to USLegal, an affidavit of due diligence is often submitted by a process server stating the efforts she made to find and deliver legal documents to one of the parties. Due diligence in process serving generally means that the process server tried to locate an individual by accessing information at the post office; department of motor vehicles; utility companies; the defendant's current and former employers; and through the defendant's friends and family.

Other Issues

  • Affidavits of due diligence are not appropriate in every situation, and the exact form may vary by state. Service of process is a critical component to legal proceedings, and failing to find or locate a defendant could have severe legal and financial implications on the parties involved. Before using or submitting an affidavit of due diligence, speak to an attorney for legal advice.


Promoted By Zergnet


You May Also Like

  • What Is the Meaning of Due Diligence?

    Due Diligence Activities; What Is an Affidavit of Due Diligence? Dangers in Buying Foreclosed Property; Due Process Duties; ehow.com. About eHow; eHow...

  • How to Write an Affidavit

    How to Write an Affidavit. When getting a form for an affidavit at a courthouse, ... Not every will is given to...

  • What Is a Verified Affidavit?

    Knowing how to fill out an I-134 Affidavit of Support form is important if you want it to ... Due diligence is...

  • Taxes: Due Diligence Checklist

    Due diligence means that the tax preparer has done the required work prior to filing a tax return. ... affidavits and other...

  • How to Write a Due Diligence Report

    Due diligence reports are presented to Chief Executive Officers (CEOs) or Chief Financial Officers (CFOs). Due diligence reports are also referred to...

  • How to Serve Custody Papers to a Parent Who Isn't There

    Exercise due diligence in trying to locate the absent parent; ... This affidavit will accompany your motion to proceed by ... Sample...

  • Mineral Rights in Indiana

    Due Diligence Review by a Landowner. ... a prospective buyer should seek an affidavit of noncompliance from the owner, ... Property Rights...

  • Definition of a Due Diligence Report

    According to InvestorWords.com, a due diligence report is a document that explains the findings of an investigation. ... Definition of Due Diligence.

Related Searches

Read Article

Are You Really Getting A Deal From Discount Stores?

Is DIY in your DNA? Become part of our maker community.
Submit Your Work!