California AO-399 Waiver of Service of Summons - Federal District Court Official Form
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How to fill out AO-399 Waiver Of Service Of Summons - Federal District Court Official Form?
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FAQ
Hear this out loud PauseYou must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
Hear this out loud PauseTo do this, the process server must carefully fill out and sign the Proof of Service detailing how service was done, on whom, where, and when. The process server then gives you the Proof of Service. Make a copy of the Proof of Service. Take the original and copy to your court clerk right away to file it.
Hear this out loud PauseIn California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.
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.
Hear this out loud PauseIf 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.
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.
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.
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.
