Legal Question in Family Law in New York
Notary Needed or Not re: UD-7 ?
I recently had my husband served with papers by a process server. This included the Affidavit of Defendant (UD-7). My husband signed the UD-7 and gave it right back to the process server, who then returned it to me along with their affidavit stating that my husband was served. My question: the UD-7 was not notarized since my husband signed it right away and gave it to the process server...if done in the presence of a process server, does this form need to be notarized?
3 Answers from Attorneys
Re: Notary Needed or Not re: UD-7 ?
SINCE ALL AFFIDAVITS MUST BE SWORN OR AFFIRMED TO BEFORE A NOTARY OR COMMISSIONER OF DEEDS, YOUR HUSBAND'S DEFENDANT'S "AFFIDAVIT" IS USELESS.
HOWEVER, THE PROCESS SERVER'S AFFIDAVIT OR AFFIRMATION OF ACTUAL SERVICE OF PROCESS OF THE SUMMONS/NOTICE/ & COMPLAINT, MAY PERMIT YOU TO FILE FOR YOUR DIVORCE AND POSSIBLY PROCEED TO UNCONTESTED DIVORCE JUDGMENT.
GOOD LUCK!
PHROSKA L. McALISTER, ESQ.
Re: Notary Needed or Not re: UD-7 ?
Yes, an affidavit of any type must be notarized.
Re: Notary Needed or Not re: UD-7 ?
That form is USELESS unless formally "sworn to" before a Notary Public.
Regards, etc.,
J. M. Hayes
>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
