Waive the formal service legal requirement: Waiver of Service
What is a Waiver of Service?
When to use a Waiver of Service:
- You have received a complaint, or initial documents to a lawsuit and you would like to waive official service.
- You wish to waive formal service requirement to get straight to your defense against the legal action.
Sample Waiver of Service
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In the Court of County, State of
Case no.
Between
of , ,
And
of , ,
Waiver of Service
UNDER PENALTY OF PERJURY I CERTIFY that I am a resident of the state of . I am the respondent in the above numbered case and reside at , , . I have received a copy of the following in relation to this matter:
I hereby waive formal service in this action and also accept the above named documents at this time. I understand and agree that the case may be taken up and considered by the court without any further notice to me and also understand that I waive any objections to the absence of official service.
I now affix my signature to these affirmations this ______ date of _________________, 20___ .
_____________________________________
Waiver of Service FAQs
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What is a Waiver of Service or Summons?
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.
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What does Waiver of Service mean in child support cases?
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.
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What does it mean to sign a Waiver of Service in a divorce?
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.
