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Simple English definitions for legal terms
waiver of service
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A quick definition of waiver of service:
Waiver of Service: When someone is being sued, they usually have to be officially notified of the lawsuit. However, in some cases, the person being sued can choose to waive their right to be formally served with the lawsuit papers. This means they agree to receive the papers without a process server or other official delivering them. They do this by signing a document that acknowledges they received the lawsuit papers and that they waive their right to be served in any other way.
A more thorough explanation:
A waiver of service is when a defendant agrees to be served court papers without the need for a process server or other official to deliver them. This is done by signing an acknowledgment of receipt of the petition and stating that he or she waives all further service.
John is being sued by his former business partner. Instead of waiting for a process server to deliver the court papers, John signs a waiver of service form and acknowledges that he has received the petition. By doing so, John is agreeing to be served without the need for further action by the court.
Another example could be a landlord who is being sued by a tenant for not returning their security deposit. The landlord signs a waiver of service form and acknowledges that they have received the petition. By doing so, the landlord is agreeing to be served without the need for further action by the court.
These examples illustrate how a waiver of service can save time and money for both parties involved in a legal dispute. It allows the defendant to acknowledge receipt of the court papers and agree to be served without the need for further action by the court.