A service acknowledgment form is the document you sign to confirm you received a lawsuit’s summons and complaint without a process server having to hand them to you. In federal court it is the Waiver of the Service of Summons, Form AO 399, authorized by Federal Rule of Civil Procedure 4(d).1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons State courts use their own versions, often titled a Notice and Acknowledgment of Receipt. Signing is straightforward; the deadlines and the consequences of refusing are not, and getting either wrong can cost you money or end in a default judgment.
Why You Received the Form
A plaintiff who wants to avoid the expense of hiring a process server or sheriff can mail you the summons and complaint together with two copies of the waiver form, a written notice explaining the lawsuit, and a prepaid return envelope. Rule 4(d) puts an affirmative duty on defendants to help avoid unnecessary service costs.1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons
If you sign and return one copy, the plaintiff files it with the court and the case moves forward as though you had been formally served on the date the waiver is filed. In exchange, you get a longer window to respond to the complaint: 60 days from the date the request was sent, instead of the 21 days that would apply after in-person service.2Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented
How to Fill Out Form AO 399
AO 399 is a standard Administrative Office form used in every federal district, and you can download it from any federal court’s website.3United States District Court. AO 399 – Waiver of the Service of Summons The plaintiff will already have completed the top portion: court name, case number, and party names. Your work is the bottom half.
- Date: the day you sign.
- Signature: yours, or your attorney’s if you already have one.
- Printed name: your full legal name, or the name of the entity you represent.
- Address, email, and phone number: current contact information for the court’s records.
Above the signature block, the form contains a pre-printed acknowledgment identifying the exact date the waiver request was sent. That date starts the clock on your response time, so read it before you sign. Your signature confirms that you received the complaint and the notice explaining your rights.4U.S. District Court, Middle District of Pennsylvania. Instructions for Completing AO 398 and AO 399
Signing for a Business
If you are accepting service for a corporation, partnership, or other entity, the form must be signed in the entity’s name by someone authorized to receive legal papers — a registered agent, officer, or in-house counsel. Put your title next to your signature so the court can verify your authority. Businesses are required to designate an agent for service of process, and only that agent or another authorized representative can validly sign the waiver.
The Two Deadlines You Cannot Confuse
Two different clocks run once the waiver request goes out, and they measure different things.
The first is the deadline to return the signed waiver. The plaintiff must give you at least 30 days from the date the request was mailed, or at least 60 days if you are outside the United States.1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons These are minimums; a plaintiff can allow more time, though most set exactly 30 or 60 days.
The second is the deadline to file your answer or a Rule 12 motion, such as a motion to dismiss. That deadline is 60 days after the request was sent, or 90 days if you are outside the United States.2Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections: When and How Presented Both clocks run from the date the request was sent, not the day you signed or the day the waiver reached the court. That extra time to answer is the whole reason to cooperate: waiving service nearly triples the 21-day window you would otherwise have.
What Signing Actually Gives Up
Signing a waiver of service does not give up your right to challenge personal jurisdiction or venue. Rule 4(d)(5) says so explicitly.1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons Every defense and objection you would otherwise have is preserved. The only thing you waive is the formality of being handed papers by a process server.
The form itself puts it this way: “I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.”3United States District Court. AO 399 – Waiver of the Service of Summons If you think the case was filed in the wrong court or that the court has no authority over you, you can raise those arguments after signing.
What Refusing Costs You
Refusing to return the waiver without good cause is expensive. The court must order the defendant to pay the costs the plaintiff later spends arranging formal service, along with reasonable attorney’s fees for any motion needed to collect those costs.1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons
The bar for good cause is high. Believing the lawsuit is groundless, filed in the wrong court, or outside the court’s jurisdiction does not qualify; you can raise all of those defenses after signing. The narrow situations a court might excuse include never actually receiving the waiver request, or being insufficiently literate in English to understand the form.1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons
After You Sign
Mail the signed waiver back to the plaintiff or their attorney. The plaintiff then files it with the court clerk, typically through the CM/ECF electronic filing system.5United States Courts. FAQs: Case Management / Electronic Case Files (CM/ECF) You should receive a copy of the filed waiver for your records.
Your response clock is already running. Prepare and file your answer, or a Rule 12 motion, before the 60-day (or 90-day) deadline. The form itself warns that failure to act in time will result in a default judgment against you or the entity you represent.1Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons A default means the court can give the plaintiff everything they asked for without hearing your side. If you need more time, you can ask the plaintiff for a voluntary extension or file a motion with the court, but neither is guaranteed. Treat the deadline printed on the waiver request as firm.
State Court Acknowledgment Forms Work Differently
If your form came from a state court rather than a federal court, do not assume the federal 30-day return and 60-day response windows apply. State courts call their versions different things — often Notice and Acknowledgment of Receipt — and set their own deadlines. Some run as short as 20 days to return the form and 20 days to respond after it is returned. A few require the acknowledgment to be affirmed under penalty of perjury or witnessed by a notary public. Read the instructions printed on the form and follow the deadlines it specifies. The cost-shifting penalty for refusing without good cause is common across states that use this procedure, so the practical advice does not change: sign and return it promptly unless you have a real reason you cannot.
Notarization
Federal Form AO 399 does not require notarization. You sign it and mail it back. Some state acknowledgment forms include a notary block, in which case you sign in front of a commissioned notary who witnesses your signature or administers the oath. If the form you received has no notary block, no notary is needed.