Should I sign a "Waiver of Service"
Date: Mon, 04/21/2008 - 11:21
"I declare under oath that I am the Defendant in this case; I received and accepted service of the Summons and Complaint and Answer Form in this case; that I wave any other service, and consent to the jurisdiction of this court to determine all issues raised in the pleading as if I were served by personal service within the State.
Check one:
___ I am no in the military service. This waiver of service is not to be construed as an admission by me of the truth of the allegation in the petition and I reserve the right to receive notices of settings and the right to respond and appear in person if I wish
___ I am in the active military service of the USA> After consultation with the base legal officer or other counsel of my choice, I waive the provisions of the Soldier's and Sailor's Relief ACt of 1942, as amended, including my right to court appointed consel and permit the action to proceed without further notice"
This form looks out of place with the rest of the forms (different font, no letterhead, no reference to the summons). Is this legit? Should I sign it as the CA requests? or is a trick to waive my rights somehow? The phrase "that I waive any other service" kind of bothers me as it sounds like I am waiving my rights to be notified of any future court dates.
Welcome to the community JohnCC. I'm really not sure about this
Welcome to the community JohnCC. I'm really not sure about this one. Waiving other service sounds like they don't want you serving them in turn with a discovery request for validation (which you should and you can use the validation letter via my signature link for a checklist)
Bear with us and someone with more knowledge on this will be along, or you could get a free consultation from attorney in your area.
hi and welcome-- this is nothing more than a form that your c
hi and welcome--
this is nothing more than a form that your county requires--it is not a form from the debt collector themselves, or the creditor. This is a form from the county court. In a nutshell, this means that you agree that you have in fact been satisfactorily served the summons, and that you agree that the court where they filed this lawsuit has legal jurisdiction to hear this case. Now, if they filed in a county that isnt the one you live in, then no, dont sign it....that would mean that they would get to sue you in the wrong venue and by signing it you couldnt later appeal on the grounds of improper venue. It must be the county you reside in.
This only means that you agree that THEY dont have to take any further effort to serve YOU in this case. I am guessing that this summons came by mail, no? you see the line where it says:
[quote]that I wave any other service, and consent to the jurisdiction of this court to determine all issues raised in the pleading as if I were served by personal service within the State. [/quote]
that means that they served you by mail, or by a means other than personally handing you the summons. They are only asking you to affirm that you accept the method of service and that you agree that the method of service is just as complete as if someone personally handed it to you. This does not affect in any way your right or ability to countersue, to motion for discovery, or anything else. It does not infringe upon your rights at all.
Thanks for the clarification. I wasn't sure about it.
Thanks for the clarification. I wasn't sure about it.
military
"Soldiers and Sailors Act".........which means if you are deployed (OBVIOUSLY something 'beyond your control'..) you can 'waiver' different fees, payments, etc. For example..if you bought a new vehicle PRIOR to your deployment and your % rate is very high ( really doesn't matter what your % would be), because of this 'Act', your % would 'waivered' to 6% while you are 'out of country'. This includes loans, credit cards,etc. However.....if you purchase something 'POST-activation', this 'Act' does not apply. I'll tell ya, this 'Act' really helped me when I was deployed!!
No generally this allows the person requesting from having to se
No generally this allows the person requesting from having to serve you with documents of the case. So he can change the terms and not have to send you the documents.
How do you get an internet divorce? It has to be issued by a court of competent jurisdiction.
Waiver of service
My ex and I were divorced in Tarrant County Tx. He moved to OHio to be closer to the children. He lost his job and is asking for me to sign a waiver of service for his court motion to have his child support obligation waived until he is gainfully employed. I was told this could take 12-18 months if not more. I read the earlier thread not to sign if I am now living out of state. What is your advice on signing the waiver of service and secondly, would a judge grant this motion just because he lost his job? It seems to meet every angry divorcee that doesn't want to pay child support would file this motion. Those child rely on those funds. Please advice. My many thanks in advance, Libby.
A judge will only consider what is in the best interests of the
A judge will only consider what is in the best interests of the children. This doesn't sound like it is. Don't sign it. It's unfortunate that he is not gainfully employed but he is still responsible for his children.
Wavier Of Service
I am going through a divorce with my x and we came to agreements for everything about it but he went to a lawyer to get the papers drawn up and he handed me a waiver of service and said that the divorce can not go any further unless I sign it. Scared that I might be signing all my rights away what should I do. I live in Houston,Texas if that is any help and already tried getting help and they said they had too big of a case load to help so I am stuck. Please help.
You need legal advice, which means you need to get an attorney.
You need legal advice, which means you need to get an attorney.
i live in Houston and i wanted to know can the judge grant my di
i live in Houston and i wanted to know can the judge grant my divorce without me signing that waiver or answer?
i live in Houston and i wanted to know can the judge grant my di
i live in Houston and i wanted to know can the judge grant my divorce without me signing that waiver or answer?
I think so,that's what I've heard,cause I have the same question
I think so,that's what I've heard,cause I have the same question w/ my waiver,I'ts wrote in legal jargen I don't understand,and I don't have the money for a lawyer,unlike my soon to be X wife,who's sisters husband is her lawyer,and is just charging her paperwork cost.
Not w/out knowlng exactly what it meens,mines worded as if I'm w
Not w/out knowlng exactly what it meens,mines worded as if I'm waiving all rights to everything,my kids,my house,giving all say so to her and the judge,she say's I'ts just agreing w/ the divorce paper's, this is not saying I agree, this is saying I waive all rights and future testimony under oath.