Mississippi Notice of Lawsuit and Request for Waiver of Service of Summons

A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.Most people do not want to be served by a sheriff's deputy or special process server and so elect to sign a waiver of service.

An alias summons means that the plaintiff tried to serve you once before but was unsuccessful. A new summons had to be issued and that is an alias summons. If you do not timely respond to the summons, a default judgment can be taken against you. Please see an attorney as soon as possible.

If you sign a waiver of service you relieve the plaintiff of its obligation for the delivery of the summons by personal service (i.e. getting it from a process server). You also give up a right to proof of service and allow voluntary acceptance of service.

Service of process is the formal name for giving a defendant a Summons to come to court. Each defendant must get individual service. You cannot serve the defendant yourself. You must serve a Summons in one of three ways: Service by the Sheriff.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

"Service of process" is limited to the Summons and Complaint. A defendant can waive service of process by making a general appearance in the litigation...

Essentially, a waiver removes a real or potential liability for the other party in the agreement. For example, in a settlement between two parties, one party might, by means of a waiver, relinquish its right to pursue any further legal action once the settlement is finalized.