The Missouri Notice of a Lawsuit and Request to Waive Service of a Summons is a document used to inform a defendant that they are being sued in a civil case and that they must waive service of a summons in order to participate in the case. This notice is typically served to the defendant before the summons is issued in order to give them an opportunity to waive the service and avoid the cost of serving the summons. There are two main types of Missouri Notice of a Lawsuit and Request to Waive Service of a Summons. The first type is the Notice of Filing and Request to Waive Service of Summons, which is used when filing a new case. This document informs the defendant that a lawsuit has been filed against them and requests that they waive service of the summons in order to move forward with the case. The second type is the Notice of Change of Venue and Request to Waive Service of Summons, which is used when a case is being moved from one court to another. This document informs the defendant that the case is being moved and again requests that they waive service of the summons.
Missouri Notice of a Lawsuit and Request to Waive Service of a Summons
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How to fill out Missouri Notice Of A Lawsuit And Request To Waive Service Of A Summons?
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FAQ
A party requesting service by registered or certified mail shall file an affidavit made by the party or by someone on behalf of the party, stating: (1) Why personal service cannot be had in this state on the party to be served by mail, and (2) The name and address of the party to be served by mail.
Waiver of Personal Service: When the respondent is willing to accept the petition, the respondent is provided with a copy of the petition and signs a form called "Entry of Appearance and Waiver of Service.? This form must be signed before a notary public and filed with the court.
The summons shall be signed by the clerk, dated the day it is issued, be under the seal of the court, contain the name of the court and the names of the parties, and be directed to the defendant, stating the name and address of the plaintiff's attorney, if any; otherwise the plaintiff's address.
Rule 54.13 - Personal Service Within the State (a) By Whom Made. Service of process within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.
Each Missouri summons states the date of the hearing the person is being summoned to. The summons must be delivered at least 15 days before this date and no earlier than 60 days. Then the proof must be delivered promptly afterwards to give ample time to file with the court and customers.
Rule 54.13 - Personal Service Within the State (a) By Whom Made. Service of process within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.
54.20. (a) Within the State - Officer's Returns - Affidavits of Service. (1) Every officer to whom summons or other process shall be delivered for service within the state shall make return thereof in writing as to the time, place and manner of service of such writ and shall sign such return.
54.20. (a) Within the State - Officer's Returns - Affidavits of Service. (1) Every officer to whom summons or other process shall be delivered for service within the state shall make return thereof in writing as to the time, place and manner of service of such writ and shall sign such return.