Is a waiver of service the same as service of process?

Not literally, but the effect is the same. Rule 4(d)(4) provides that when the plaintiff files a waiver, proof of service is not required and the rules apply as if a summons and complaint had been served at the time of filing.

Can a waiver of service be sent by email?

Yes. Rule 4(d)(1)(G) allows the request to be sent by first-class mail or other reliable means, which courts have consistently read to include email when the address is reliable. Many practitioners send by email and by mail together.

Does a waiver save the plaintiff money even if the defendant refuses?

Often yes, because Rule 4(d)(2) requires a United States defendant who refuses without good cause to pay the later service expenses and the fees for the motion to collect them.

The Benefits of a Waiver of Service of Summons

July 29, 2026 · 6 min read

Federal Rule of Civil Procedure 4(d) gives plaintiffs a way to bring a defendant into a case without hiring anyone to hand them papers. The plaintiff mails or emails a Notice of Lawsuit and Request to Waive Service of Summons (Form AO 398) together with two copies of the waiver (Form AO 399). If the defendant signs and returns one copy, service is complete for all practical purposes. Here is what that buys you.

1. It is dramatically cheaper than personal service

Process servers commonly charge between $75 and $150 per defendant for a routine address, and far more for evasive defendants, gated communities, rural routes, or stakeouts. A waiver request costs the price of postage — or nothing at all when the defendant is willing to receive it by email.

For a case with several defendants, the difference is not trivial. Five defendants served personally can cost more than the filing fee itself. Five waiver requests cost a few dollars.

2. It removes the risk of defective service

Service is the single most common technical defect that derails an otherwise sound case. A server leaves the papers with the wrong person, swears to an address the defendant moved out of, or completes service one day past the Rule 4(m) deadline — and the defendant moves to quash.

A signed waiver eliminates that fight. The defendant has affirmatively acknowledged receipt of the complaint and agreed that no summons need be served. There is nothing left to attack except jurisdiction and venue, which the defendant keeps regardless.

3. The defendant keeps every real defense — so it is an easy yes

Rule 4(d)(5) is explicit: waiving service does not waive any objection to personal jurisdiction or venue. Defense counsel who understands this will usually sign, because the waiver costs the client nothing and buys real time.

That is the negotiating point to lead with when you follow up. You are not asking the defendant to concede anything of substance.

4. It buys the defendant time — and buys you goodwill

A defendant who is personally served must answer within 21 days. A defendant who timely returns a waiver need not answer until 60 days after the request was sent, or 90 days if the request went to an address outside the United States.

Plaintiffs sometimes resist that extension. In practice it is a good trade: you save the service cost, you avoid a motion to quash, and the extra weeks usually get absorbed by scheduling anyway.

5. Refusing carries a real penalty

Rule 4(d)(2) provides that if a defendant located within the United States fails to return a signed waiver without good cause, the court must impose the expenses later incurred in effecting service, plus reasonable attorney's fees for any motion required to collect those expenses.

That is mandatory language. Quoting it in your cover letter — politely — meaningfully raises the return rate.

6. It creates a clean, dated paper trail

Rule 4(d)(4) treats a returned waiver as if a summons and complaint had been served on the date the waiver is filed. Between the dated request, the signed waiver, and a certificate showing when and how the request was sent, you have a record that is easy to explain to a judge.

Send Waiver App keeps all three artifacts in one place: the generated AO 398 and AO 399, the timestamped certificate of emailing or certified-mail tracking, and the executed waiver the defendant returns.

Send a waiver request with Send Waiver App

Send Waiver App fills the official AO 398 and AO 399 forms, computes the response deadline, assembles a print-ready mailing package, and lets defendants return the signed waiver free of charge online.

Send a Request Respond with a Code

Frequently asked questions

Is a waiver of service the same as service of process?: Not literally, but the effect is the same. Rule 4(d)(4) provides that when the plaintiff files a waiver, proof of service is not required and the rules apply as if a summons and complaint had been served at the time of filing.
Can a waiver of service be sent by email?: Yes. Rule 4(d)(1)(G) allows the request to be sent by first-class mail or other reliable means, which courts have consistently read to include email when the address is reliable. Many practitioners send by email and by mail together.
Does a waiver save the plaintiff money even if the defendant refuses?: Often yes, because Rule 4(d)(2) requires a United States defendant who refuses without good cause to pay the later service expenses and the fees for the motion to collect them.