Fill and Sign the Waiver of Service of Summons Vermont Judiciary Form

400-00820 – Notice of Action & Request for Waiver of Service of Summons (01/2018) Page 1 of 3 STATE OF VERMONT SUPERIOR COURT FAMILY DIVISION Unit Docket No. Plaintiff Name Defendant Name v. NOTICE OF ACTION AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS The above referenced action has been commenced against you. Enclosed are copies of the Summons and Complaint, the Interim Domestic Order, a Scheduling Order and other import ant court documents. These documents have been sent to you because you are the Defendant in this case. ☐ The Plaintiff ☐ The Court requests that you sign and return the enclosed waiver of service to save the c ost of serving you by law enforcement personnel or certified mail. IF YOU WANT TO WAIVE SERVICE : The waiver of service must be received by the Court no later than 21 days from the mailing date indicated below. This means that the Court must receive the documents by, ________________________, 20_______ . A n envelope addressed to the Court is enclosed along with an extra copy of the Waiver for your records. If you sign and return the enclosed WAIVER OF SERVICE on time, the case will go f orward as if you had been served on the date the Waiver was received by the Court. Your Answer to the Com plaint will be due 21 days from the mailing date indicated below. This means that the court must receive your Answer by ________________________, 20_______. IF YOU DO NOT RETURN THE SIGNED WAIVER BY THE DUE DATE : If you do not return the Waiver of Service by the due date, you will be personally served by a law enforcement officer, certified mail, or some other method authorized by law. You may be required to PAY the expenses incurred in serving you with the documents. ☐ The Plaintiff ☐ The Court declares that this NOTICE AND REQUEST were mailed to the Defendant by first class mail on the date shown below. Please note this form can only be used by a Plaintiff if there are n o minor children involved in the case. Dated _____________________________ ___________________________________ Signature of Plaintiff/Court Clerk ___________________________________ Printed Name of Plaintiff/Court Clerk 400-00820 – Notice of Action & Request for Waiver of Service of Summons (01/2018) Page 2 of 3 STATE OF VERMONT SUPERIOR COURT FAMILY DIVISION Unit Docket No. Plaintiff Name Defendant Name v. Your Duty to Avoid Unnecessary Costs of Service of Summons You are required to cooperate in saving unnecessary costs of service under Vermont law. If you and the Plaintiff are both located in the United States and you do not sign an d return this form, you will be required to pay the cost of serving you unless you can show good cause for your failure to w aive service. Your belief that the complaint is unfounded or that the action has bee n filed in the wrong court is not good cause for a failure to waive service. If you do waive service, you retain all defen ses and objections (except those relating to the summons or its service), and you may later object to t he jurisdiction of the court or to the place where the action has been brought. You will not receive copies of hearing notices in this case unless you also file a notice of appearance and answer with the court. A form for this purpose is included in t he materials sent to you in this packet. You can also obtain these forms by going to the judiciary website, www.vermontjudiciary.org , or by contacting the Family Division of the Superior Cou rt WAIVER OF SERVICE I, , have received a copy of the Summons and Complaint and ( Defendant’s Name) ☐ the Plaintiff’s ☐ the Court’s request that I waive service. I agree to save the cost of service of these documents upon me by signing this waiver and returning it to the court. I understand that I still retain all the defenses and objections I may have to this action, except for any objections based on a defect in the summons or the service of thes e documents on me. Dated __________________________ ____________________________ Signature of Defendant ____________________________ Printed Name of Defendant PLEASE SIGN AND RETURN THIS PAGE TO THE COURT IN THE ENCLOSED ENVELOPE 400-00820 – Notice of Action & Request for Waiver of Service of Summons (01/2018) Page 3 of 3 STATE OF VERMONT SUPERIOR COURT FAMILY DIVISION Unit Docket No. Plaintiff Name Defendant Name v. Your Duty to Avoid Unnecessary Costs of Service of Summons You are required to cooperate in saving unnecessary costs of service under Vermont law. If you and the Plaintiff are both located in the United States and you do not sign an d return this form, you will be required to pay the cost of serving you unless you can show good cause for your failure to w aive service. Your belief that the complaint is unfounded or that the action has bee n filed in the wrong court is not good cause for a failure to waive service. If you do waive service, you retain all defen ses and objections (except those relating to the summons or its service), and you may later object to t he jurisdiction of the court or to the place where the action has been brought. You will not receive copies of hearing notices in this case unless you also file a notice of appearance and answer with the court. A form for this purpose is included in t he materials sent to you in this packet. You can also obtain these forms by going to the judiciary website, www.vermontjudiciary.org , or by contacting the Family Division of the Superior Cou rt WAIVER OF SERVICE I, , have received a copy of the Summons and Complaint and ( Defendant’s Name) ☐ the Plaintiff’s ☐ the Court’s request that I waive service. I agree to save the cost of service of these documents upon me by signing this waiver and returning it to the court. I understand that I still retain all the defenses and objections I may have to this action, except for any objections based on a defect in the summons or the service of thes e documents on me. Dated __________________________ ____________________________ Signature of Defendant ____________________________ Printed Name of Defendant PLEASE KEEP THIS COPY FOR YOUR RECORDS