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Notice Of Lawsuit And Request For Waiver Of Service Of Summons MAG 10-15 - Georgia
| Notice Of Lawsuit And Request For Waiver Of Service Of Summons Form. This is a Georgia form and can be used in Civil Magistrate Court Gwinnett Local County . |
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GWINNETT MAGISTRATE ______________________________________ COURT STA TE OF GEORGIA ______________________________________ Plaintiff(s) NOTICE OF LAWSUIT AND REQUEST FOR WAIVER v. OF SERVICE OF SUMMONS ______________________________________ ______________________________________ CIVIL ACTION FILE NO: Defendant(s) __________________________ INFO & FORMS ON THE INTERNET www.gwinnettcourts.com E-mail: mag@co.gwinnett.ga.us NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS & OFFER TO EXTEND TIME TO FILE ANSWER TO SIXTY (60) DAYS FROM THE DATE THIS WAIVER IS SENT TO: ________________________________ _____________________________ __________________________________________ _______________________ (Name of individual defendant or name of officer or agent of corporate defendant) as (title, or otherrelationship of individual to corporate defendant) of (name of corporate defendant to be serve d, if any) A lawsuit has been commenced against you (or the entity on whose behalf you areaddressed). A copy of the complaint is attached to this notice. The complaint has been filed in the Magistrate Court of Gwinnett County for the State ofGeorgia in and for the County of Gwinnett and has been assigned the case number setforth above. This is not a formal summons or notification from the court, but rather my requestpursuant to Code Section 9-11-4 of the Official Code of Georgia Annotated (Seeattached sheet) that you sign and return the enclosed Waiver of Service in order tosave the cost of serving you with a judicial summons and an additional copy of thecomplaint. The cost of service will be avoided if I receive a signed copy of the waiverwithin 30 days (or 60 days if located outside any judicial district of the United States)after the date designated below as the date on which this Notice of Lawsuit andRequest for Waiver of Service of Summons is sent. I enclose a stamped and addressedenvelope (or other means of cost-free return) for your use. An extra copy of the Waiverof Service is also attached for your records. YOU ARE ENTITLED TO CONSULT WITHYOUR ATTORNEY REGA RDING THIS MATTER. W :/MAG 10-15 N otice of Lawsuit & Request for -1- W aiver of Service of Sum m ons (Dec 01)<<<<<<<<<********>>>>>>>>>>>>> 2If you comply with this request and return the signed Waiver of Service, the waiver willbe filed with the court and no summons will be served on you. The action will thenproceed as if you had been served on the date the waiver is filed except that you willnot be obligated to answer or otherwise respond to the complaint within 60 days fromthe date designated below as the date on which this notice is sent (or within 90 daysfrom that date if your address is not in any judicial district of the United States). If you do not return the signed waiver within the time indicated, I will take appropriatesteps to effect formal service in a manner authorized by the Georgia Rules of CivilProcedure and then, to the extent authorized by those rules, I will ask the court torequire you (or the party on whose behalf you are addressed) to pay the full cost ofsuch service in the event I prevail in this case. In that connection, please read thestatement concerning the duty of parties to avoid unnecessary costs of service ofsummons, which is set forth on the Notice of Duty to Avoid Unnecessary Costs ofService of Summons enclosed herein. I stipulate that I agree to be bound by the provisions of O.C.G.A. 9-11-4.I affirm that this Notice of Lawsuit and Request for Waiver of Service of Summons isbeing sent to you on behalf of the Plaintiff on this date: ________________________. Signed: Type or Print Name of Plaintiff: Type or Print Name of Plaintiffs Attorney, if applicable: Bar # of Plaintiffs Attorney: My Address to Which a Copy of the Waiver of Service of Summons Should be Returned: Checklist of Items Attached: Copy of filed copy of Stat ement of Clai m (com plaint) & all exhibits attached to the com plaint. Attach additional copies for each respe ctive defe ndant. Two (2) copies of the Waiver of Se rvice of Sum mons & Acknowledgm ent That A nswer to the Com plaint Must be Filed W ithin 60 Days After the Date T his Waiver W as S ent. Duplicate SA ME documents for each respe ctive defendant. W :/MAG 10-15 N otice of Lawsuit & Request for -2- W aiver of Service of Sum m ons (Dec 01)<<<<<<<<<********>>>>>>>>>>>>> 3 Self -addressed return envelope with sufficient postage t hereon for return to plaintiff or plaintiffs attorney for each respe ctive defendant. File Original of this document with Clerk of Court for eac h defendant. O.C.G.A. 9-11-4 NOTICE OF DUTY TO AVOID UNNECES SAR Y COSTS OF SER VICE OF SUMMONS Subsection (d) of Code Sectio n 9-11-4 of the Official Code of GeorgiaAnnotated requires certain parties to cooperate in saving unnecessary costs ofservice of the summo ns and the pleading. A defendant located in the UnitedStates who, after being notified of an action and asked by a plaintiff located in theUnited States to waive service of a summons, fails to do so will be required tobear the cost of such ser vice unless good caus e be shown for such defendan tsfailure to sign and return the waiver. It is not good cause f or a failure to waive service that a party believes thatthe complaint is unfounded, or that the action has been brought in an improperplace or in a court that lacks jurisdiction over the subject matter of the action orover its person or property. A party who waives service of the summons retainsall defenses an d objections (except any relating to the summ ons or to the serviceof the summons), and may later object to the jurisdiction of the court or to theplace where the action has been brought . A defendant who waives service must, within the time specified on thewaiver form, serve on the plaintiffs attorney (or unrepresented plaintiff) aresponse to the complaint and also must file a signed copy of the response withthe court. If the answer is not served within this time, a default judgment may betaken against that defendant. By waiving service, a defendant is allowed moretime to answer than if the summons ha d been actually served when the requestfor waiver of servic e was received. While the Civil Practice Act, including 9-11-4 does not specifically apply toMagistrate Court, there are mutual advantages to both the plaintiff and defendantin minimizing court costs, avoiding be served by a uniformed deputy and increasing t he time to file an answer for the defendant. W :/MAG 10-15 N otice of
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