An Affidavit of Non Service is a crucial legal document used in the Belgian judicial system when attempts to serve legal documents to a party have been unsuccessful. This document, governed by the Belgian Judicial Code and related legislation, serves as official proof that reasonable attempts were made to deliver legal documents but were unsuccessful. The affidavit must detail all service attempts, including dates, times, locations, and reasons for failure. It is typically prepared by a process server, court bailiff, or authorized person who attempted service, and must be properly authenticated according to Belgian law. This document is essential for legal proceedings to continue when standard service methods have failed, potentially allowing for alternative service methods or legal actions to proceed. The Affidavit of Non Service plays a vital role in ensuring due process and maintaining proper legal documentation of service attempts.
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1. Declarant Information: Full identification and contact details of the person making the affidavit (typically a process server or bailiff)
2. Document Information: Details of the document(s) that were to be served, including case numbers and court information if applicable
3. Intended Recipient: Complete information about the person or entity who was to receive service
4. Service Attempts: Detailed chronological listing of all attempts made to serve the documents, including dates, times, and locations
5. Reasons for Non-Service: Specific explanation of why service could not be completed
6. Verification Statement: Formal declaration that all statements are true and accurate, made under penalty of perjury
7. Notarization Block: Space for official notarization or authentication as required under Belgian law
1. Witness Information: Details of any witnesses present during attempted service, used when witnesses can corroborate the attempted service
2. Alternative Addresses Attempted: List of other addresses where service was attempted, included when multiple locations were tried
3. Physical Description: Description of persons encountered at service locations, included when relevant to proving attempts were made at correct location
4. Photographic Evidence: Reference to attached photographs of locations or posting attempts, used when visual evidence is available
5. Translation Certification: Certification of translation if the affidavit needs to be used in multiple languages
1. Service Attempt Log: Detailed log showing all attempts including dates, times, locations, and outcomes
2. Photographs: Visual evidence of service attempts or locations visited
3. GPS Location Data: Documentation of locations visited during service attempts
4. Copy of Original Documents: Copies of the documents that were to be served
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