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Re: sunspotter post# 136096

Saturday, 05/17/2025 11:08:20 AM

Saturday, May 17, 2025 11:08:20 AM

Post# of 139224
Instead of a definition of waiver, I got the legal definition of waiver of service. I did this after looking up the definition of “of”…..no applause please, it is all in a day’s work when trying to argue with children.

So let’s try to elevate the discussion. Has VPLM failed in any manner of which you are aware in performing the required steps? They have gone on record saying that they have. What evidence do you have to the contrary?

Definition follows:

1. What is a waiver of service?
A waiver of service is a document the defendant signs to acknowledge receipt of the lawsuit without requiring formal service (e.g., being served by a process server or sheriff). It typically gives the defendant extra time to respond.

2. When is it valid?
The waiver must be signed and returned voluntarily by the defendant.
It must be filed with the court by the plaintiff.
The plaintiff must send the waiver request properly, following the applicable rules (usually via first-class mail with two copies of the waiver and a prepaid return envelope, per [FRCP Rule 4(d)] in federal cases).
3. What does it mean legally?
The defendant is not waiving any defenses, just the formal method of service.
Once filed, the signed waiver functions as if service was properly completed on the date it was filed.
4. Important caveat:
If the defendant refuses to sign and return the waiver, formal service must still be performed. And if deadlines are missed, courts may impose consequences.
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