What is a waiver of service in civil law?

A waiver of service in civil law is a document that exempts a person from having to respond to a summons or a complaint. In South Carolina, if a defendant has been served with a complaint, they must file a written response within 30 days. If they fail to do so, the plaintiff may obtain a default judgment against them. Through a waiver of service, the defendant can voluntarily agree to the service of the complaint and waive their right to respond. This waiver must be signed by the defendant and sent to the plaintiff, and it takes the place of the defendant actually being served with the complaint. A waiver of service is beneficial for both parties because it makes the process more efficient. The plaintiff does not have to use a process server or go through the expense and time of dealing with service of process. The defendant does not have to file a response and run the risk of becoming liable for costs or defaulting on a judgment. Additionally, the defendant can retain a level of control by filing a waiver of service and avoiding receiving a judgment without being heard.

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