Waiver of the Service of Summons (AO 399)
Waive formal service of process in federal court — saves the cost of personal service and extends your Answer deadline to 60 days.
Form AO 399, 'Waiver of the Service of Summons,' allows a defendant to waive formal personal service of the summons and complaint. Under FRCP 4(d), a plaintiff may request that a defendant waive service. If the defendant agrees (by signing and returning the waiver), they receive a significant benefit: the deadline to answer the complaint is extended from 21 days to 60 days (FRCP 4(d)(3)). Additionally, waiving service saves the plaintiff the cost of arranging personal service (typically $50-$200+), which is good for goodwill. There is NO penalty for refusing — but if you refuse without good cause, the court may require you to pay the service costs.
Purpose of This Form
- 1Extend your Answer deadline from 21 days to 60 days — valuable additional time to prepare your defense
- 2Save the cost and inconvenience of being personally served by a process server
- 3Cooperate with the litigation process, which courts view favorably
- 4Avoid being assessed the cost of personal service if you refuse without good cause
Form Sections & How to Complete
Defendant's Acknowledgment
Sign and date the Waiver of Service section. By signing, you acknowledge receipt of the complaint and agree to waive formal service. You do NOT waive any defenses or objections — only the right to insist on personal service.
Return to Plaintiff's Attorney
Return the signed waiver to the plaintiff's attorney within the time specified (typically 30 days from the request). Keep a copy for your records. The waiver is NOT filed with the court — the plaintiff's attorney files it.
Filing Requirements
Where to File
NOT filed by the defendant. Sign and return to the plaintiff's attorney. The plaintiff's attorney files the executed waiver with the court.
Filing Fees
No fee. Signing the waiver avoids being assessed the cost of personal service.
Copies Required
Sign the original + keep a copy for your records + return the signed original to plaintiff's attorney.
Timing / Deadlines
Return within the time specified in the waiver request (typically 30 days). If you received the waiver request by mail, add 3 days under FRCP 6(d). Your Answer is then due 60 days from the date the waiver request was sent (90 days if you are outside the U.S.).
Frequently Asked Questions
Do I give up any rights by signing the waiver?▼
You give up ONLY the right to insist on formal, personal service of the summons and complaint. You do NOT waive: any defenses (personal jurisdiction, venue, insufficiency of process, etc.), any substantive defenses to the claims, your right to a jury trial, or any other rights. The waiver solely concerns how you received the complaint — not the merits of the case.
Should I always sign the waiver?▼
Generally, yes. The 60-day Answer extension is valuable — it gives you almost triple the time to prepare. There are limited situations where refusing might be strategic (e.g., to challenge personal jurisdiction), but those are rare in foreclosure cases. The cost-shifting provision (paying for personal service if you refuse without good cause) is another reason to sign.
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