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Indiana Notice of a Lawsuit and Request to Waive Service of a Summons

State:
Indiana
Control #:
IN-AO-430
Format:
PDF
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Description

Notice of a Lawsuit and Request to Waive Service of a Summons

Indiana Notice of a Lawsuit and Request to Waive Service of a Summons is a legal document used to inform a defendant of a pending lawsuit. This document must be served to the defendant before the court can proceed with a hearing. It outlines the legal action being taken against them and requests that they waive their right to be served with a summons. There are three types of Indiana Notice of a Lawsuit and Request to Waive Service of a Summons: Original Notice, Short Form Notice, and Summons Waiver Form. The Original Notice is the most comprehensive form and includes the plaintiff’s name, the defendant’s name, the case number, a description of the lawsuit, and a request that the defendant waive their right to be served with a summons. The Short Form Notice is a briefer version of the Original Notice and does not include a request to waive service of a summons. The Summons Waiver Form is an additional form that must be signed by the defendant to waive their right to be served with a summons.

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FAQ

Waiver of Service: A defendant may waive service, which means the defendant agrees to respond to the complaint even though you did not personally serve the defendant with the complaint and summons. Here are forms for waiver of service: Notice of a Lawsuit and Request to Waive Service of a Summons (AO 398)

If you did not receive your court papers, then the plaintiff can ask the judge to proceed with the default judgment in your case. However, they must prove that the process server served you with the notice of claim and has a valid claim against you.

A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the Court or to the place where the action has been brought.

Under Florida service of process rules, only an authorized officer (usually the county sheriff) or a competent, disinterested third-party appointed by the court can serve as a process server in civil cases.

Waiver of Service of Process be in writing; be addressed directly to the defendant, if an individual, or to an officer or managing or general agent of the defendant or other agent authorized by appointment or law to receive service of process; be dispatched by certified mail, return receipt requested;

In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.

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Indiana Notice of a Lawsuit and Request to Waive Service of a Summons