Pennsylvania 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
A waiver of service is a legal document that can be used in civil lawsuits to save time and costs related to formal service of process. 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.
Code § 1021.74 - Answers to complaints. (a) Answers to complaints shall be filed with the Board within 30 days after the date of service of the complaint, unless for cause the Board, with or without motion, prescribes a different time. An answer will not be required in less than 10 days after date of service.
Defendants have 10 days after receiving a citation from an officer or summons from the court to enter a plea of guilty or not guilty. Failure to respond will result in the issuance of an arrest warrant.
These rules ensure that all parties in a federal civil lawsuit receive proper notice of the legal action against them and have a chance to respond. Methods of service include personal service, service on authorized agents, service by mail, and service in foreign countries.
(c) A response to a dispositive motion shall be filed within 30 days of service of the motion or, if a supporting party files a memorandum of law alone, within 30 days of service of that memorandum of law. The response to a dispositive motion must be accompanied by a supporting memorandum of law or brief.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS.
The first is to ignore the writ of summons, but keep an eye on the docket opened in the case and see if a Complaint is filed. A complaint will not have to be served on you since you're already received the writ of summons. The second option, which is better in most cases, is to file a Praecipe to File a Complaint.
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. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
