The Proof of Service Affidavit is an essential legal document in Belgian civil procedure, used to formally document and verify the delivery of legal documents to relevant parties. This document is required whenever formal service of legal documents needs to be proven in court or for official purposes. It must comply with the Belgian Judicial Code (Code Judiciaire/Gerechtelijk Wetboek) and, where applicable, EU Regulation 1393/2007 for cross-border service. The affidavit must be prepared with great attention to detail, including specific information about the server, recipient, method of service, and time and place of delivery. Given Belgium's multilingual nature, special consideration must be given to language requirements, and in international cases, proper translation and authentication procedures must be followed.
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1. Title and Court Information: Identifies the court, case number (if applicable), and parties involved in the legal matter
2. Affiant Information: Details about the person making the affidavit, including full name, occupation, and professional address
3. Document Identification: Specific description of the documents that were served
4. Service Details: Date, time, and exact location where service was completed
5. Recipient Information: Full identification of the person who received the documents, including name, address, and relationship to the party if not served directly
6. Method of Service: Detailed description of how service was accomplished (personal delivery, registered mail, etc.)
7. Compliance Statement: Statement confirming compliance with relevant Belgian legal requirements and procedures
8. Attestation: Formal declaration of truth and accuracy of the stated information
9. Signature Block: Space for affiant's signature, date, and notary authentication
1. Language Certification: Required when documents were served in multiple languages or when translation was involved
2. Electronic Service Details: Required when any part of the service was conducted electronically
3. Multiple Attempt Documentation: Used when multiple attempts at service were made before successful completion
4. Cross-Border Service Compliance: Required when service involves parties in different EU member states or international service
5. Witness Statement: Optional section for including testimony from any witnesses to the service
1. Proof of Identity: Copies of identification documents used to verify the recipient's identity
2. Service Documentation: Copies of any receipts, tracking numbers, or other proof of delivery
3. Photographs: If applicable, photographs documenting the service location or circumstances
4. Translation Certificates: If applicable, certificates for any required translations of served documents
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