Is waiver of service faster than personal service?

It is faster to initiate but slower to a responsive pleading, because the waiving defendant gets 60 days from the send date rather than 21 days from service.

Can I do both at once?

Yes. Many plaintiffs send a waiver request while a process server works in parallel, then cancel the server if the waiver arrives.

Which defendants cannot waive service?

Rule 4(d) applies to defendants subject to service under Rule 4(e), (f), or (h). It does not apply to the United States and its agencies and officers, to foreign states, or to minors and incompetent persons.

Waiver of Service vs. Personal Service: What's the Difference?

July 29, 2026 · 5 min read

Both routes accomplish the same thing: they bring the defendant into the case and start the answer clock. They differ in who does the work, what it costs, and how much time the defendant gets.

Who performs it

Personal service is performed by someone at least 18 years old who is not a party — usually a professional process server or the marshal. Waiver of service is performed by the defendant: the plaintiff simply asks, and the defendant signs.

Cost

Personal service typically runs $75 to $150 per defendant and rises sharply for evasive or out-of-state defendants. A waiver request costs postage, or nothing when sent by email.

Answer deadline

This is the biggest practical difference. A personally served defendant answers within 21 days. A defendant who timely returns a waiver has 60 days from the date the request was sent — 90 days for a defendant addressed outside the United States.

Proof and record

Personal service is proven by the server's affidavit, which the defendant can contest. A waiver is proven by the defendant's own signature filed on the docket, which is far harder to challenge.

Defenses preserved

Neither route costs the defendant a substantive defense. A defendant who waives keeps every objection to personal jurisdiction and venue, and gives up only objections to the absence of a summons or of service.

When to skip the waiver

Go straight to personal service when the Rule 4(m) 90-day clock is nearly out, when a temporary restraining order or preliminary injunction requires immediate appearance, when the defendant is plainly evading, or when the defendant is a United States agency, a foreign state, or a minor — categories Rule 4(d) does not reach.

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.

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Frequently asked questions

Is waiver of service faster than personal service?: It is faster to initiate but slower to a responsive pleading, because the waiving defendant gets 60 days from the send date rather than 21 days from service.
Can I do both at once?: Yes. Many plaintiffs send a waiver request while a process server works in parallel, then cancel the server if the waiver arrives.
Which defendants cannot waive service?: Rule 4(d) applies to defendants subject to service under Rule 4(e), (f), or (h). It does not apply to the United States and its agencies and officers, to foreign states, or to minors and incompetent persons.