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Affidavit Of Service for Belgium

Affidavit Of Service Template for Belgium

An Affidavit of Service under Belgian law is a formal, sworn declaration that documents have been properly served to the intended recipient. This legal instrument, governed by the Belgian Judicial Code (Code Judiciaire/Gerechtelijk Wetboek), provides official proof of document delivery in legal proceedings. It must detail the server's identity, precise service method, timing, location, and recipient information. The document holds significant weight in Belgian courts and must comply with strict procedural requirements, including proper authentication and, where applicable, language requirements for international service. When executed by a Belgian Huissier de Justice/Gerechtsdeurwaarder, it carries additional legal authority as an official act.

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What is a Affidavit Of Service?

The Affidavit of Service is a fundamental document in Belgian legal proceedings, essential for proving proper delivery of legal documents to relevant parties. This sworn statement, regulated by the Belgian Judicial Code and related procedural laws, serves as official evidence that documents were properly served, detailing the manner, time, and circumstances of service. It's particularly crucial in civil and commercial proceedings, where proper service is a prerequisite for legal actions to proceed. The document must be prepared with utmost accuracy and typically includes specific details about the server, recipient, documents served, and method of service. When executed by a Huissier de Justice/Gerechtsdeurwaarder, it carries special evidentiary weight under Belgian law. The affidavit becomes especially important in international business contexts, where it may need to comply with both Belgian and international service requirements.

What sections should be included in a Affidavit Of Service?

1. Title and Case Information: Identifies the court, case number, parties involved, and document type being served

2. Server Information: Details of the person making service, including full name, occupation, and professional credentials if applicable (e.g., huissier de justice/gerechtsdeurwaarder)

3. Document Description: Detailed description of the document(s) that were served, including titles, dates, and number of pages

4. Service Details: Specific information about when, where, and how the service was completed, including date, time, and exact location

5. Recipient Information: Full identification of who received the documents, including name and capacity in which they accepted service

6. Method of Service: Description of the specific method used to complete service (personal delivery, registered mail, etc.)

7. Verification Statement: Formal declaration confirming the truth of the statements under penalty of perjury

8. Signature Block: Space for server's signature, date, and official stamp if applicable

What sections are optional to include in a Affidavit Of Service?

1. Multiple Attempt Documentation: Details of previous attempts at service, used when initial attempts were unsuccessful

2. Electronic Service Confirmation: Additional details for electronic service methods, if applicable under Belgian law

3. Translation Certificate: Confirmation that documents were served with appropriate translations, when serving non-Belgian language documents

4. Military Status: Statement regarding the recipient's military status, if relevant to the case

5. Special Circumstances: Description of any unusual circumstances or deviations from standard service procedures

What schedules should be included in a Affidavit Of Service?

1. Photograph Exhibit: Photographs documenting the service location or person served, if required

2. Delivery Receipt: Copies of any receipts or tracking information for registered mail service

3. Server Credentials: Copies of professional credentials or authorization documents of the server

4. Service Instructions: Original instructions for service received from the requesting party or court

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























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Relevant Industries

Legal Services

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Banking

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Relevant Roles

Legal Counsel

Corporate Secretary

Compliance Officer

Paralegal

Process Server

Court Clerk

Litigation Manager

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Risk Manager

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International Business Coordinator

Regulatory Affairs Specialist

Document Control Specialist

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