Form 20 – Affidavit of Service

Jurisdiction: Country: Canada | Province or State: New Brunswick

What is a Form 20 – Affidavit of Service?

Form 20 is a sworn statement that proves delivery of court documents. In Small Claims Court, the judge must know that each party got proper notice. The Affidavit of Service is the document that shows how and when you served them. It confirms the method used and who received the papers. It also lists what you served and the address used.

You use this form after you serve any document that must be delivered to another party. The court relies on truthful, sworn evidence. So, you sign the Affidavit of Service under oath or affirmation. A Commissioner for Oaths or Notary Public must witness your signature. The form then becomes part of the court record.

Who typically uses this form?

Self‑represented claimants use it often. Defendants use it too, especially for counterclaims or motions. Law firms and licensed agents file it for clients. Professional process servers use it as routine. Court staff do not prepare it for you. The person who served the papers completes it.

Why would you need this form?

Because the court will not move your case forward without proof of service, timelines only start after valid service. If you want a default judgment, you must show that service was proper. If a party claims they never got the documents, your affidavit answers that. It protects your case from delays and set‑asides.

Typical usage includes serving a Claim on the defendant. You also use it after serving a Reply, a Counterclaim, or a Notice of Motion. You will use it for a Summons to Witness. You may need one after serving a Notice of Settlement Conference. You will use it for any document the Rules require you to serve. The form captures the details that make the service valid. These details include who you served, the method used, and the date and time.

In short, Form 20 is your proof of proper notice. It tells the court you followed the service rules. It builds trust in the process and keeps your case on track.

When Would You Use a Form 20 – Affidavit of Service?

You use this form every time a rule or order requires proof of service. You complete it after you serve your Small Claims documents on another party. You then file it with the court office for your file. Without it, the court may not schedule or decide your matter.

Say you are a contractor suing for unpaid invoices. You file your Claim and then deliver it to the homeowner. You fill out Form 20 to record how, when, and where you served them. You attach any delivery proofs. You file it so the court can set deadlines for a Reply.

Say you are a landlord and the tenant has counterclaimed. The tenant must serve you. They then swear an Affidavit of Service. This shows the court that you received the counterclaim. The same applies if you bring a motion for an adjournment or disclosure. You must serve the motion record and then swear the affidavit.

Business owners use the form when serving a corporation. You can serve a corporation by delivering to certain people. You can also serve at the registered office. Form 20 records the details of who accepted service and their role. It also records the address and time.

Tenants and consumers use the form in disputes with suppliers. They finish service by mail or courier. They attach delivery confirmations to the affidavit. They file it, which starts the other side’s response time.

You also use Form 20 when the court orders alternative service. For example, you tried personal service several times and failed. The court allows another method, like email or posting. You serve as ordered and then complete the affidavit. You attach the order and your proof.

You use Form 20 for summoning a witness. You show that you served the Summons to Witness and attendance money. You state where and when the witness was served. You attach a receipt for the fees if you paid in cash.

If you serve outside New Brunswick, you still need proof. You follow the service rules for out‑of‑province service. You then complete Form 20 with the same level of detail. You attach any extra proof that confirms delivery and method.

In each case, the form shows that the court respected the other party’s right to notice. It gives the judge confidence to proceed.

Legal Characteristics of the Form 20 – Affidavit of Service

Form 20 is sworn evidence. It is not an order, but it carries legal weight. You declare facts that the court relies on to manage your case. Because it is sworn, it must be true to the best of your knowledge. It binds you to that truth under penalty of law.

What ensures enforceability? First, it is sworn or affirmed before an authorized official. In New Brunswick, a Commissioner for Oaths or Notary Public can take your oath. The official confirms your identity and witnesses your signature. They complete the jurat, which states the date, place, and their authority.

Second, the form states facts in detail. It lists the exact documents served. It states the date and time of service. It states the address and the person who received the documents. It states the method used. It lists any tracking numbers and confirms delivery. This detail lets the court verify that you used a permitted method.

Third, you attach exhibits that support your statements. These may include a courier waybill, delivery confirmation, or a registered mail receipt. They may include a photo of the door where you posted documents if ordered. They may include an email read receipt if service by email was allowed. Exhibits are marked and referred to in the affidavit. They strengthen your proof.

The affidavit helps the court judge timeliness. Many deadlines run from the “date of service.” Proper service starts the clock. If service was defective, the court can set it aside. If your affidavit is incomplete, the court can reject it. The judge may require you to re‑serve and refile. That causes delay and added cost.

The affidavit also protects due process. Each party must have a fair chance to respond. Proper service ensures fairness. Your sworn evidence shows you did it right.

There are legal risks if you swear falsely. False statements can lead to penalties. These can include fines or other sanctions. The court can also dismiss your motion or case. The other party can seek costs for any prejudice. Always be precise and honest in your affidavit.

In sum, the Affidavit of Service is critical, formal evidence. It tells the court that everyone got proper notice. It supports your right to move forward.

How to Fill Out a Form 20 – Affidavit of Service

Follow these steps to complete Form 20 accurately. Prepare first. Then fill, attach, swear, and file.

1) Gather your information and proof.

• Court file number, judicial district, and party names.
• The exact titles of the documents you served.
• The date, time, and full civic address of service.
• The name and role of the person who accepted service.
• The method used: personal, residence, mail, courier, or as ordered.
• Any tracking numbers and delivery confirmations.
• A copy of the order permitting alternative service, if any.

2) Complete the court header.

• Enter “Small Claims Court of New Brunswick.”
• Fill in the judicial district. Use the district shown on your claim.
• Insert the court file number exactly as assigned.
• In the “Between” lines, write the parties’ full legal names.
• List the claimant first and the defendant second.

3) Identify yourself as the deponent.

• Write your full name, address, and occupation.
• Confirm you are the person who served the documents.
• If you are a process server, state that as your occupation.
• If you are a party, state that you are the claimant or defendant.

4) List the documents served.

• Use exact titles, such as “Claim,” “Reply,” or “Notice of Motion.”
• Include the date on each document, if shown.
• If you served multiple documents, list each one.
• Avoid vague terms like “court papers.” Be specific.

5) State the method of service in detail.

Pick the section that fits the method you used:

• Personal service for an individual:
• State that you personally handed the documents to the person.
• Include the full name of the person served.
• Describe their appearance iftheir identity was confirmed verbally.
• Record the exact date, time, and address.

Service at a residence:

• State that you left the documents at the person’s residence.
• Confirm you left them with an adult at that address.
• Record the adult’s name and relationship, if known.
• Include the date, time, and full address.

Service in a corporation:

• State the corporation’s full legal name.
• Identify who accepted service, with their position or role.
• Example: manager, director, or person at the registered office.
• Record the date, time, and address of service.

Service by registered mail or courier:

• State the date you sent the package.
• Include the recipient’s name and full address.
• Provide the tracking or waybill number.
• State the delivery date shown on the confirmation.
• Attach the receipt and delivery proof as exhibits.

Service by email, fax, or posting (only if allowed):

• State the authority for this method, such as a court order or consent.
• Provide the email address or fax number used.
• State the date and time sent, and any confirmation received.
• If posting to a door, state the date, time, and location.
• Attach the order and confirmations as exhibits.

6) Describe the person served, if needed.

• If identity is in doubt, add a brief description.
• Include approximate age, height, or other identifiers.
• This helps the court assess whether service reached the right person.

7) Confirm the address and jurisdiction.

• Write the full civic address, including the unit number.
• State the municipality and province.
• This shows the court where the service occurred.

8) Attach exhibits and label them clearly.

• Mark each attachment as an exhibit: A, B, C, and so on.
• At a minimum, attach delivery proofs for mail or courier.
• Attach a copy of the alternative service order, if used.
• If you paid witness fees, attach a receipt or cash statement.
• Refer to each exhibit in the body of your affidavit.
• Example: “Attached as Exhibit A is the courier receipt.”

9) Review for accuracy and completeness.

• Check names, dates, and addresses against your documents.
• Ensure the method fits the Rules for the document served.
• Confirm that all exhibits are legible and complete.
• Make sure the file number is correct on each page.

10) Swear or affirm the affidavit properly.

• Do not sign until you are with a Commissioner or Notary.
• Bring government‑issued photo ID.
• The official will ask if you swear or affirm the contents.
• Sign in their presence. They will sign and stamp the jurat.
• The jurat must show the location and date of commissioning.
• The official may initial each exhibit and mark them.

11) Make copies and file.

• Make at least one copy for your records.
• File the original affidavit with the Small Claims court office.
• File it soon after service, especially if deadlines apply.
• You do not usually need to serve the affidavit on the other party.
• Keep your copy and your original exhibits safe.

12) Use one affidavit per person served.

• Prepare a separate Form 20 for each person you served.
• This includes each defendant or witness.
• Do not combine multiple recipients in one affidavit.

13) Handle problems and special cases.

• If you could not complete the service, do not swear the affidavit.
• Record your attempts, with dates and times.
• Ask the court for directions or an order for substitution.
• After you serve as ordered, complete a new affidavit.
• Attach the order and any proof as exhibits.

14) Avoid common mistakes.

• Do not sign before you meet the Commissioner.
• Do not leave out the time of service.
• Do not guess the identity of the recipient. Confirm it.
• Do not forget tracking numbers or proof of delivery.
• Do not use a method not allowed for the document type.
• Do not omit the role of the person who accepted on behalf of a corporation.
• Do not use nicknames in party names. Use legal names.

Practical examples help you apply the steps.

Example 1: Personal service for an individual.

You sue a homeowner for $4,500. You meet them at their address. You hand them the Claim at 6:15 p.m. on a Tuesday. You confirm their name. In your affidavit, you state the date, time, and address. You state that you personally handed the Claim to the defendant. You sign before a Commissioner and file it the next day.

Example 2: Courier to a corporation.

You sue ABC Tools Inc. You send the Claim by courier to the registered office. You keep the waybill and delivery confirmation. In your affidavit, you list the documents served and the courier tracking number. You attach the waybill and proof as Exhibits A and B. You swear the affidavit and file it with the court.

Example 3: Residence service.

You go to a tenant’s last known address. The tenant is not home. Their adult roommate answers. You confirm it is the tenant’s residence. You leave the documents with the roommate at 7:30 p.m. You record their name. You complete the affidavit with those details. You swear and file it.

Example 4: Alternative service by email.

You tried six times to serve a defendant. The court orders the email service to a specific address. You sent the documents as ordered. You print the sent email and any read receipts. You attach the order and email proof as exhibits. You swear the affidavit and file it.

Example 5: Summons to Witness with attendance money.

You serve a witness in person at their workplace. You pay attendance money in cash. You note the amount and the time of service. You attach a signed receipt as Exhibit A. You complete and swear the affidavit. You file it so the court knows the witness was summoned.

A few final points will save you time. Use clear, block letters if writing by hand. Keep your sentences factual and simple. If you do not know a detail, say so. Do not speculate. Use the same names and spelling as on the court file. File promptly. Late filing can delay scheduling and hearings.

Form 20 is straightforward when you prepare well. Follow the steps, attach your proof, and swear properly. Your case will move ahead with fewer issues.

Legal Terms You Might Encounter

• An affidavit is a written statement of facts that you swear or affirm are true. On Form 20, you confirm how and when you served court documents. You sign it in front of a Commissioner of Oaths or a Notary Public, who then completes the jurat. The jurat is the section where they confirm you swore or affirmed the truth on a specific date and place.
• The person who completes the affidavit is the deponent. If you personally served the documents, you are the deponent. If you hired a process server, the process server is the deponent and must sign Form 20.
• Service is how you deliver court documents to the other party. Personal service means you hand the documents directly to the person or to someone allowed by the rules. Alternative or substituted service is a different method approved when normal methods do not work. This can include leaving documents with someone at the residence, using email, or posting at a last-known address, but only if rules allow or a court approves.
• Trackable delivery refers to registered mail or courier with a tracking number or delivery confirmation. If you use trackable delivery, attach proof (such as a delivery receipt) to Form 20 as an exhibit. An exhibit is any document you attach to support your affidavit, like a tracking page, a signed acknowledgment, or a photo taken during service. The label exhibits clearly so the court can match them to your statements.
• Parties are the people or businesses in the case. In Small Claims, the person who started the claim is the claimant, and the other party is the defendant. The service address is where you delivered the documents. This may be a home, business location, registered office, or last-known address, depending on the party and the rules.
• Proof of service is the court’s record that service happened. Form 20 is your proof. The service date is the date the other party was served. Many deadlines for responses and next steps are calculated from the service date. Your affidavit should be clear on the exact date and time.
• Diligent efforts means you tried reasonable steps to serve the party. If you had trouble with service, describe your attempts in Form 20. Note dates, times, locations, and who you spoke with. These details help if you later need permission for an alternative service.
• Capacity refers to who accepted the documents and why they are allowed to accept them. For example, a manager may accept service for a business, or an officer may accept service for a corporation. If you served someone other than the named defendant, explain their role and why accepting service was proper.

FAQs

Do you need to swear or affirm Form 20 before someone official?

Yes. You must sign Form 20 in front of a Commissioner of Oaths or a Notary Public. Bring photo ID. Do not sign the form in advance. The official needs to watch you sign, confirm your identity, and complete the jurat.

Do you have to attach proof like tracking pages or photos?

Attach supporting proof if you have it. For personal service, you can attach a brief note of the location photo or a description if helpful, but it is not required. For registered mail or courier, attach the tracking or delivery confirmation. Label each attachment as an exhibit and refer to it in your affidavit.

Can you serve by email or social media and use Form 20 to prove it?

Only if the rules allow or the court gives permission. If you served electronically under permitted conditions, explain how you confirmed the recipient’s address and that they received the documents. Attach screenshots or delivery receipts as exhibits. If electronic service is not permitted, it will not count.

Who is allowed to serve the documents you describe in Form 20?

Use an adult who is not a party to the case. Many people hire a process server because they are neutral and know the rules. If you served documents personally and the rules allow it, you can complete Form 20 as the deponent. Always confirm who may serve for your document type.

What if the person you’re serving refuses to take the documents?

Note exactly what happened in your affidavit. For example, state that you identified the person, told them what the documents were, and they refused to accept them. Describe where you left the documents and any words exchanged. Refusal does not always defeat service, but you must describe the facts clearly so the court can decide.

Do you need a separate Form 20 for each person served?

Yes, complete one affidavit per person or entity served. If you served multiple parties, file separate affidavits. This keeps dates, methods, and exhibits clear for each service event.

How do you correct a mistake in Form 20 after it’s sworn?

Prepare a new, corrected Form 20. Explain the correction in the body, or add a short supplemental affidavit that identifies the original filing and states the correct facts. Swear or affirm the corrected document and file it promptly. Do not alter a sworn affidavit.

How do you serve a business or corporation and complete Form 20?

Serve an authorized person or the registered office as the rules permit. In your affidavit, name the business, identify the person who accepted service and their role, and give the exact address. If you used trackable delivery to a registered office, attach the delivery confirmation as an exhibit.

Can you serve on weekends or holidays?

Service may be valid on any day, but response deadlines can be affected by court days. If timing is tight, consider serving on a business day to avoid confusion. Always record the correct date and time on Form 20.

Checklist: Before, During, and After the Form 20 – Affidavit of Service

Before signing

Confirm who can be served:

• Individual: full legal name and current address.
• Business: legal name and place of business.
• Corporation: exact legal name and registered office or authorized officer.

Confirm who will serve:

• Neutral adult or professional process server.
• Not a party to the case, unless allowed.

Gather the served documents:

• A copy of the claim and any attachments.
• Any court notices or schedules you also served.
• The exact version you delivered.

Collect details to include in the affidavit:

• Exact date and time of service.
• Full address, including unit number and postal code.
• Method of service (personal, registered mail, courier, approved alternate).
• Name and role of the person who accepted service.
• How you confirmed identity (ID, verbal confirmation, known acquaintance).

Prepare exhibits (if applicable):

• Delivery receipts or tracking printouts.
• Screenshots of electronic delivery, if permitted.
• Photographs of the location or mailbox (only if helpful).
• Any written acknowledgment from the recipient.

Book an appointment:

• Commissioner of Oaths or Notary Public to witness your signature.
• Bring government-issued photo ID.

Make copies:

• One complete set of the affidavit and exhibits for filing.
• One set for each party.
• One set for your records.

During signing

Complete all blanks on Form 20:

• Court file number and parties’ names match the claim.
• Your full name, contact information, and role as server.
• Clear service narrative with dates, times, and locations.

Be specific and factual:

• Avoid guesses. If uncertain, do not include it.
• Use direct statements: “On [date] at [time], I served…”

Refer to exhibits:

• Mark them as Exhibit A, B, C, and so on.
• Write “Attached as Exhibit A” in the relevant paragraph.

Do not sign until instructed:

• Sign only in front of the Commissioner or Notary.
• Initial any corrections made in front of them.

Verify the jurat:

• Check the date and location of commissioning.
• Confirm the Commissioner or Notary has signed and stamped, if applicable.

Final review before leaving:

• All pages are present and in order.
• Exhibits are attached and labeled.
• Names and addresses are spelled correctly.

After signing

File the affidavit with the court:

• File in the same case where the documents were served.
• Include all exhibits.

Serve copies if required:

• Some courts do not require serving the affidavit itself.
• If you do serve it, note how and when, and keep proof.

Calendar deadlines:

• Calculate response and next-step deadlines from the service date.
• Add buffer time for weekends or office closures.

Keep records:

• Store a clean copy and any digital proof together.
• Save tracking numbers and screenshots in one folder.

Follow up on delivery issues:

• If trackable mail shows “unclaimed” or “returned,” consider the next steps.
• You may need to re-serve or seek alternate service approval.

Plan for court:

• Bring a copy of Form 20 and exhibits to any hearing.
• Be ready to answer simple questions about service.

Common Mistakes to Avoid Form 20 – Affidavit of Service

• Missing or vague service details:

Don’t forget the exact date, time, address, and method. Without these, the court may reject the affidavit or question service, causing delays.

• Signing outside the presence of a Commissioner or Notary:

Do not pre-sign. If you do, you may need to redo the affidavit, rebook commissioning, and risk timeline issues.

• Not attaching delivery proof for trackable mail or courier:

If you fail to attach a receipt or confirmation, the court may find service unproven and pause your case until you file proper proof.

• Serving the wrong person or wrong address:

Be sure you have the correct party and location. If you serve the wrong person, deadlines do not start, and you may have to serve again.

• Altering a sworn affidavit:

Do not cross out or rewrite after commissioning. File a fresh, corrected affidavit. Changes after swearing can undermine your credibility.

What to Do After Filling Out the Form 20 – Affidavit of Service

• File promptly:

File Form 20 with the court handling your Small Claims case. Attach exhibits. Ask for a stamped copy for your records.

• Confirm acceptance:

Check that the court has accepted the filing. If there is an issue, address it immediately to avoid missing deadlines.

• Monitor response timelines:

Track when the defendant’s response is due based on the service date. Calendar a follow-up the day after the deadline.

• Prepare for next steps:

If a response is filed, review it and prepare your reply or evidence as needed.

If no response is filed by the deadline, consider the next available step in your case, which can include asking the court for a decision based on no response. Follow the process set by the court.

• Handle returned or failed delivery:

If the mail is returned or tracking shows no delivery, consult the rules for re-service or alternative service. File a new Form 20 after successful re-service.

• Correct errors quickly:

If you discover a mistake in your affidavit, complete and swear a new affidavit that fixes the error. File it and, if necessary, notify the court of the correction.

• Keep organized records:

Store all service documents, notes, and confirmations in one place. Bring them to any conference or hearing.

• Update contact details:

If you learn a new address for a party, note it and use it for future documents. Keep the court informed of your own contact changes.

• Communicate clearly:

If you send courtesy copies, mark them “courtesy copy” so they are not mistaken for official service. Keep proof of any communications.