California AO-398 Notice of Lawsuit - Request for Waiver - Federal District Court Official Form
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How to fill out AO-398 Notice Of Lawsuit - Request For Waiver - Federal District Court Official Form?
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FAQ
Substituted Service may be used if personal service has not been successful after several attempts to serve the person. For Substituted Service, copies of the papers are left at the place of residence (home), or normal place of business of the person to be served.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court.
Whether you accept the documents or not, you are considered to be served. Refusing to accept documents does not stop a lawsuit against you from proceeding.
It allows the defendant to voluntarily waive their right to be formally served with the lawsuit papers (such as a summons and complaint) by a process server. Instead, the defendant acknowledges receipt of the lawsuit and agrees to waive formal service.
If you are a plaintiff and you have filed a Complaint, you must arrange for delivery of a copy of the Summons and Complaint to each defendant in your case. This is called ?service of process.? However, a plaintiff cannot serve the Summons and Complaint.
Common methods to avoid being served Not answering the door. Lying about their identity. Hiding in the closet until the process server leaves. Staying at a family member or friend's home.