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.
Waiver of Service FAQs
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.
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.
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.