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Affidavit Of Non Service for Germany

Affidavit Of Non Service Template for Germany

A formal legal document used in the German legal system that serves as a sworn statement documenting unsuccessful attempts to serve legal documents to an intended recipient. This document, governed by German civil procedure law (ZPO), provides detailed evidence of all reasonable attempts made to effect service, including dates, times, and circumstances of failed delivery attempts. It must comply with specific requirements under German law regarding sworn statements (eidesstattliche Versicherung) and carries legal weight in court proceedings as proof that due diligence was exercised in attempting to serve documents.

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Affidavit Of Non Service

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What is a Affidavit Of Non Service?

An Affidavit of Non-Service (eidesstattliche Versicherung über erfolglose Zustellung) is a crucial legal document within the German legal system, used when attempts to serve legal documents to a party have been unsuccessful. This document is particularly important in civil proceedings, debt collection, and corporate matters where formal service of documents is required by law. The affidavit must detail all attempts made to effect service, including dates, locations, and circumstances of failed attempts, while complying with the strict requirements of German civil procedure law. It serves as official documentation that proper procedures were followed and reasonable efforts were made to locate and serve the intended recipient, potentially allowing the court to proceed with alternative service methods or other legal remedies.

What sections should be included in a Affidavit Of Non Service?

1. Declarant Information: Identification and professional credentials of the process server or person attempting service, including full name, professional address, and qualification/authorization to serve documents

2. Document Details: Description of the document(s) attempted to be served, including case number, court information, and document type

3. Recipient Information: Details of the intended recipient, including full name, last known address, and any other identifying information

4. Service Attempts: Chronological listing of all attempts made to serve the document, including dates, times, and specific locations

5. Circumstances of Non-Service: Detailed explanation of why service could not be completed (e.g., wrong address, recipient moved, premises vacant)

6. Due Diligence Statement: Statement describing all reasonable efforts made to locate and serve the recipient

7. Sworn Statement: Formal declaration that all information provided is true and correct, with acknowledgment of legal consequences for false statements under German law

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

1. Witness Information: Details of any witnesses present during service attempts, used when witnesses can corroborate failed attempt circumstances

2. Alternative Addresses Attempted: List of other addresses where service was attempted, included when multiple locations were tried

3. Digital Service Attempts: Description of any attempts made to serve documents electronically, included when electronic service was attempted

4. Third-Party Interactions: Information about conversations with neighbors, building management, or others who provided relevant information about the recipient's whereabouts

What schedules should be included in a Affidavit Of Non Service?

1. Photographic Evidence: Photographs of locations visited or conditions found during service attempts

2. Service Attempt Log: Detailed log showing all attempts including date, time, location, and outcome

3. Supporting Documentation: Copies of any additional documentation supporting the failed service attempts (e.g., returned mail, building access logs)

4. Identity Documentation: Copies of the process server's identification and authorization documents

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

Germany

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Legal Services

Financial Services

Insurance

Banking

Real Estate

Corporate Services

Government and Public Administration

Debt Collection

Professional Services

Court Services

Relevant Teams

Legal Operations

Litigation Support

Court Administration

Document Services

Compliance

Legal Administrative Support

Debt Recovery

Legal Process Management

Judicial Operations

Process Service

Relevant Roles

Process Server

Legal Assistant

Paralegal

Court Clerk

Lawyer

Notary

Bailiff

Legal Operations Manager

Debt Collection Officer

Compliance Officer

Legal Administrator

Court Administrator

Judicial Officer

Document Management Specialist

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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