What does it mean to waive service of a summons?

Waiving service under Federal Rule of Civil Procedure 4(d) means you agree to accept the lawsuit paperwork without having a process server or marshal personally hand it to you. Waiving service does not waive any defense you have — including objections to the court's jurisdiction or the venue. It only waives objections to the manner in which the summons was delivered.

Do I have to waive service?

No. Waiving service is voluntary. However, Rule 4(d)(2) says that if you are located in the United States and refuse without good cause, the court must order you to pay the costs of formal service plus the attorney's fees incurred in collecting those costs.

What do I get by waiving service?

You get more time to respond. Instead of 21 days after being served, you get 60 days from the date the request was sent (90 days if you were addressed outside the United States) to file an answer or a motion.

Does it cost anything to respond here?

No. Responding through Send Waiver App is completely free for the defendant. You can sign electronically or upload a photo or scan of a signed paper waiver.

What if I don't have an access code?

The access code appears in the email or letter you received along with the notice of lawsuit and request to waive service. If you cannot find it, contact the attorney whose name and address appear on the notice.

What happens after I sign?

A timestamped record of your response is created and the requesting attorney is notified. The signed waiver is filed with the court, and your deadline to answer the complaint is calculated from the date the request was sent.

Fed. R. Civ. P. 4(d)

Respond to a waiver of service request

If you received a Notice of a Lawsuit and Request to Waive Service of a Summons (form AO 398), you can review it and return the signed waiver (form AO 399) here — at no cost. Waiving service is not an admission of anything, and it preserves every defense except objections to how the summons was delivered.

Waiving gives you 60 days to answer (90 if addressed abroad), instead of 21.
You keep all defenses and objections, including jurisdiction and venue.
Refusing without good cause can make you liable for the cost of formal service.
Sign electronically, or upload a photo of the paper form you signed.

Enter your access code

The code is printed in the email or letter you received. You'll then see the notice and can choose whether to waive service.

How responding works

1. Review the notice

You'll see the court, case caption, case number, and the attorney who sent the request, along with the complaint.

2. Sign the waiver

Type your name to sign the AO 399 waiver electronically. A timestamped record is created for the court file.

3. Or upload a scan

Prefer paper? Print, sign, and upload a photo or scan of the signed waiver — still free.

Deadlines you should know

Rule 4(d)(1)(F) requires the plaintiff to give you at least 30 days from the date the request was sent to return the waiver (at least 60 days if the request was addressed to you outside the United States).

If you sign and return the waiver, Rule 4(d)(3) gives you until 60 days after the request was sent to serve an answer or a Rule 12 motion — 90 days if the request was sent to you outside the United States. That is substantially more time than the 21 days you would have after formal service.

If you do not return the waiver and the plaintiff has to serve you formally, Rule 4(d)(2) requires the court to impose the expenses of that service on you unless you show good cause for the failure.

Frequently asked questions

What does it mean to waive service of a summons?: Waiving service under Federal Rule of Civil Procedure 4(d) means you agree to accept the lawsuit paperwork without having a process server or marshal personally hand it to you. Waiving service does not waive any defense you have — including objections to the court's jurisdiction or the venue. It only waives objections to the manner in which the summons was delivered.
Do I have to waive service?: No. Waiving service is voluntary. However, Rule 4(d)(2) says that if you are located in the United States and refuse without good cause, the court must order you to pay the costs of formal service plus the attorney's fees incurred in collecting those costs.
What do I get by waiving service?: You get more time to respond. Instead of 21 days after being served, you get 60 days from the date the request was sent (90 days if you were addressed outside the United States) to file an answer or a motion.
Does it cost anything to respond here?: No. Responding through Send Waiver App is completely free for the defendant. You can sign electronically or upload a photo or scan of a signed paper waiver.
What if I don't have an access code?: The access code appears in the email or letter you received along with the notice of lawsuit and request to waive service. If you cannot find it, contact the attorney whose name and address appear on the notice.
What happens after I sign?: A timestamped record of your response is created and the requesting attorney is notified. The signed waiver is filed with the court, and your deadline to answer the complaint is calculated from the date the request was sent.

Learn more

Send Waiver App is a document delivery service, not a law firm. Nothing on this page is legal advice. If you are unsure how to respond to a lawsuit, consult an attorney.