Can a court refuse to award service costs under Rule 4(d)(2)?

Only by finding good cause for the refusal. The rule's language is mandatory once the plaintiff establishes a proper request, non-return, and expenses actually incurred.

Does the defendant lose the case by refusing to waive?

No. Refusal has no effect on the merits and does not waive any defense. It only exposes the defendant to the service expenses and the fees for the collection motion.

How much time does the defendant get to answer after refusing?

The ordinary 21 days after personal service, rather than the 60 days a waiving defendant would have received.

What Happens If a Defendant Refuses to Waive Service?

July 29, 2026 · 5 min read

A defendant is allowed to ignore a waiver request. Rule 4(d)(2) just makes it expensive. The rule says the court must impose on a defendant located within the United States who fails, without good cause, to sign and return a waiver the expenses later incurred in making service, plus reasonable expenses — including attorney's fees — of any motion required to collect them.

The obligation is mandatory

Courts read 'must impose' literally. Once you show a properly formed request, sending, non-return, and actual service expenses, the burden shifts to the defendant to establish good cause.

What counts as good cause

Good cause is narrow. A defendant who never received the request, who was not the proper person to accept it, or who was genuinely incapacitated may qualify. A belief that the suit is meritless, that the court lacks jurisdiction, or a general desire to be difficult does not.

What you can recover

Process server invoices, marshal fees, skip-trace and investigator charges attributable to locating the defendant, and the attorney's fees for preparing the motion to collect. You are not recovering fees for the case generally — only for service and the collection motion.

How to preserve the claim

The record does most of the work. Keep the dated notice and waiver forms exactly as sent, a certificate or tracking record showing when and how they went out, evidence of the address's reliability, the unreturned deadline, and every invoice generated afterward.

A conforming AO 398 with the send date and computed deadline on its face
Proof of sending — certificate of emailing, certified mail receipt, or tracking
Documentation that the address or agent was correct
Itemized service invoices incurred after the deadline passed

Foreign defendants are exempt

The cost-shifting provision reaches only defendants located within the United States. You may still request a waiver from a foreign defendant — with a 60-day window — but no penalty attaches to a refusal.

Practical follow-up before you file

One short letter quoting Rule 4(d)(2) and enclosing a fresh copy of the waiver resolves most non-responses. Judges also appreciate seeing that you gave the defendant a second chance before asking for fees.

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

Can a court refuse to award service costs under Rule 4(d)(2)?: Only by finding good cause for the refusal. The rule's language is mandatory once the plaintiff establishes a proper request, non-return, and expenses actually incurred.
Does the defendant lose the case by refusing to waive?: No. Refusal has no effect on the merits and does not waive any defense. It only exposes the defendant to the service expenses and the fees for the collection motion.
How much time does the defendant get to answer after refusing?: The ordinary 21 days after personal service, rather than the 60 days a waiving defendant would have received.