Mastering the Basics: Your Guide to Proofs
What Is a Proof?
A legal document defined by the court that shows an unsuccessful attempt or successful attempt to deliver legal documents.
Other common terms for a proof may be "Return of (Service/Non-Service)" or "Affidavit".
What Goes on a Proof?
- Method of service: The proof will specify how the documents were served (e.g., personal service, substitute service, or posting).
- Attempt details: The proof will include information about each attempt to serve the defendant, such as the date, time, and outcome of the attempt.
- Defendant information: Any relevant details about the defendant, including their physical description or any interactions during the service attempt.
- Additional notes: Any observations, challenges, or unusual circumstances encountered during the service attempt may also be included, depending on court requirements.
What Generates a Proof?
A Proof of Service is issued when documents have been successfully served, substitute served or posted.
If service is unsuccessful despite diligent efforts, a Proof of Non-Service will be generated.
A proof will not be generated if there are outstanding instructions for a job. If you have not received a proof, check ABC Mobile for pending notifications or requests for additional attempts.
Importance of Accuracy
Since the proof is a legal document, accuracy and completeness are essential. Before signing a proof, always review it carefully.
Proofs are signed under penalty of perjury, meaning each signature is a legal oath of truthfulness. Information on the proof should accurately reflect what occurred for anyone reading the proof.
To Prevent Errors, You Should:
✅ Read over the attempt/service notes to ensure they represent what occurred.
✅ Sign your full name on the signature line (typing out your name will not suffice and will be rejected by the court.)
✅ Fill out all blank spaces on the proof (leaving any blank spaces will cause for the proof to be rejected by the court.)
✅ Sign and date the proof with the actual date of signing.
What If I Find Errors on My Proof?
Since you are responsible for the proof, do not sign the proof if you find errors. Instead, submit a request to Contact Support with the correct details.
How To Communicate Errors to Support
- Provide the proof tracking number (located on the bottom right corner, under the barcode).
- Give a brief summary of what is incorrect about the current proof.
- Provide a statement of what needs to be changed.
Notary Signature
Some proofs require notarization before being returned to ABC Legal. If notarization is needed, a designated space will be provided at the bottom of the proof similar to the photo below.
A Notary Public is authorized by the state to witness document signings, and strict rules must be followed:
- The notary must be properly licensed in your jurisdiction.
- The notary must be present when you sign the document.
- The notary's signature date must match your signature date.
- All fields must be completed, and a notary seal or stamp must be included.
- You cannot notarize your own signature.
ABC Legal does not reimburse notary fees for most jobs. However, you can search online for free notary services, as many banks and institutions offer them for customers.
You may also consider utilizing this expense as a tax write-off. For more information check out Tax Deductions for 1099 Independent Contractors
How Do I Return a Proof Back to ABC Legal?
For more information on how to return proofs back to ABC Legal check out Returning Proofs Back to ABC.