Texas Affidavit of Due Diligence Template (Editable Word & Google Docs)

Description

Three attempts, no answer, and now the attorney needs an affidavit by tomorrow. Every process server knows this moment. The affidavit of due diligence is what the attorney takes to the judge to ask for substitute service. If it is vague or missing a key statement, the request can be denied, and you are back at that door.

This Texas Affidavit of Due Diligence template gives you the structure. You supply the facts.

Built by a working process server with more than 20 years in the field.

What you get

• An editable Texas Affidavit of Due Diligence in Microsoft Word format
• Every fill-in field highlighted in yellow, so nothing gets missed
• A built-in “How to Use This Template” page with simple step-by-step instructions
• Three attempt paragraphs, each with a spot for the date, time and what happened
• An address statement saying why the defendant can be found at that location, the piece many affidavits leave out
• A request for substitute service that tracks Texas Rule of Civil Procedure 106(b)
• A notary block, ready for signature and seal

Why process servers want it

• Fast. Turn your field notes into a finished affidavit in minutes.
• Simple. If it’s yellow, change it. If it’s not, leave it alone.
• Complete. The sections attorneys look for are already in place.
• Reusable. Pay once and use it on every hard serve.

How to use it

1. MAKE A COPY first. Save a copy of the file and edit the copy, so you always have a blank original for your next job. In Word: File > Save As. In Google Docs: upload the file, open it, then File > Make a copy.
2. Highlighted fields are the fields you need to change. Anything in yellow must be replaced with your own case information. Leave the wording that is not highlighted as it is.
3. Remove the yellow highlighting and make sure no parentheses are left on the page.
4. Print it, but do not sign until you are in front of a notary.

Common questions

What is an affidavit of due diligence?
It is a sworn statement from the process server listing each attempt to serve someone in person. Attorneys attach it to a motion asking the court to allow substitute service.

When do I need one?
When you have made repeated attempts at the address and still cannot serve the person directly, and the attorney wants to ask the judge for another method under Rule 106(b).

Does it need to be notarized?
Yes. This template is a sworn affidavit with a notary block, so sign it in front of a notary.

Can I add more than three attempts?
Yes. The file is fully editable, so you can copy an attempt paragraph and add as many as you made.

Do I need Microsoft Word?
No. The file opens in Microsoft Word and in Google Docs, which is free.

Goes well with

• Texas Return of Service Template, for when the serve is complete
• Process Server Job Tracker, to log every attempt as you make it

The details

• Instant digital download. Nothing ships.
• File type: Microsoft Word (.docx). Also opens in Google Docs.
• Written for Texas civil process.
• One-time payment, licensed for one business.
• Because this is a digital item, all sales are final.

This template is general educational information for process servers and is not legal advice. Court rules and local practices vary. Always follow the instructions of the attorney or court on your case.