Proof of service

The signed form saying who delivered the papers, to whom, when, where, and how.

Return of service · Affidavit of service

Whoever delivered the papers signs it, not you. It goes back to the court before the hearing.

Without it on the file the judge normally cannot go ahead, even if everyone is standing there. It is the single most common reason a first hearing date is lost.

Related words

All glossary terms

Common questions

What does proof of service mean in small claims court?
The signed form saying who delivered the papers, to whom, when, where, and how. Whoever delivered the papers signs it, not you. It goes back to the court before the hearing.
What does service mean in small claims court?
Delivering the claim papers to the other side in a way the court accepts. The court will not hear the case until the other side has been given the papers properly. Each state lists the ways that count: the clerk mailing them with a return receipt, the sheriff, a professional server, or any adult who is not part of the case.
What does hearing mean in small claims court?
The short session where both sides tell the judge what happened and hand over their evidence. Most small claims hearings run fifteen to thirty minutes. The judge has read the claim, asks questions, looks at what each side brought, and often decides that day.
What does default judgment mean in small claims court?
A decision in your favour because the other side was served and did not turn up. The judge still wants to see that the papers were served properly and that your figures add up. A default is not automatic.

Verified on 2026-09-06, sources:

Verified on 2026-09-06, sources:

    FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.