Fillable NOTICE OF ACTION AND REQUEST FOR WAIVER OF (Vermont Judiciary)

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NOTICE OF ACTION AND REQUEST FOR WAIVER OF (Vermont Judiciary)

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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 important 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 cost 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_______. An 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 forward as if you had been
served on the date the Waiver was received by the Court. Your Answer to the Complaint 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 no 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 and return this form, you will be required to
pay the cost of serving you unless you can show good cause for your failure to waive service.
Your belief that the complaint is unfounded or that the action has been filed in the wrong court is not good
cause for a failure to waive service. If you do waive service, you retain all defenses and objections (except
those relating to the summons or its service), and you may later object to the 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 the 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 Court
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 these 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 and return this form, you will be required to
pay the cost of serving you unless you can show good cause for your failure to waive service.
Your belief that the complaint is unfounded or that the action has been filed in the wrong court is not good
cause for a failure to waive service. If you do waive service, you retain all defenses and objections (except
those relating to the summons or its service), and you may later object to the 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 the 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 Court
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 these documents on me.
Dated
__________________________ ____________________________
Signature of Defendant
____________________________
Printed Name of Defendant
PLEASE KEEP THIS COPY FOR YOUR RECORDS
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NOTICE OF ACTION AND REQUEST FOR WAIVER OF (Vermont Judiciary)

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Completed 30 July 2020

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