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Waiver of Service

If you have received a complaint or initial documents to a lawsuit, and you would like to waive official service, then use a Waiver of Service. This document will waive the formal service requirement so that you can get straight to your defense against the legal action.

In a legal action, the person who starts the lawsuit or commences the legal action (the Plaintiff) is required to serve the other party (the Defendant or Respondent) with certain documents notifying the other party that a lawsuit has been started. A Waiver of Service will waive the Plaintiff's obligation to hire and pay for a process server or court official to serve the Defendant with the required documents.

The Waiver of Service is created and signed by the Defendant to relieve the Plaintiff of the obligation to formally serve the document(s). A Defendant (or Respondent) might do this to speed up the process of litigation, for example.

Using a Waiver of Service for a child support case demonstrates a respondent's intent to appear before the court and therefore not need to be served with a summons.

After a Petition for Divorce is filed, the Respondent can use and sign a Waiver of Service to waive their right to being formally served the divorce papers.