The New Jersey Notice of Lawsuit and Request for Waiver of Service of Summons (AO 398) is a legal document that is used to formally notify an individual or entity that they are being sued in a civil court. This document includes the name of the plaintiff, the name of the defendant, the court in which the case will be heard, and the date the lawsuit was filed. It also includes a request for the defendant to waive service of summons by signing the form and returning it to the plaintiff within 30 days. There are two types of New Jersey Notice of Lawsuit and Request for Waiver of Service of Summons (AO 398): one for an individual and one for a corporation. By signing the form, the defendant agrees to accept legal notice of the lawsuit and waives the right to be served with a summons.
New Jersey Notice of Lawsuit and Request for Waiver of Service of Summons (AO 398)
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FAQ
The respondent must file the notarized waiver of service with the county clerk in the same county where the divorce was filed.
The Summons is used to call the defendant to action and must accompany a Complaint when being served. In New Jersey, a Summons must be issued within 10 days of the complaint being filed by an attorney or clerk of court.
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.
This means that we will not be having a constable or private process server take the petition and citation and hand it to the person. Instead, the opposing party is acknowledging receipt of the petition, providing up-to-date contact information for the court, and saying that he does not need to be served.
STEP 1: Fill out the Answer (Form A)STEP 2: Complete the Civil Case Information Statement (CIS)STEP 3: Make a check or money order payable to Treasurer, State of New Jersey.STEP 4: Check your completed forms and make copies.STEP 5: Mail or deliver the forms to the court.STEP 6 Mail CIS and Answer to all parties.
The defendant may accept service of process, or waive the issuance or service thereof by a written memorandum signed by him, or by his duly authorized agent or attorney, after suit is brought, sworn to before a proper officer other than an attorney in the case, and filed among the papers of the cause, and such waiver
A waiver uncontested agreed divorce or non-contested divorce are terms are used to describe when a husband and wife have an agreement and they do not contest the dissolution of their marriage.