Notice of a Lawsuit and Request to Waive Service of Summons
(Foreclosure) (OH)

Summary

This notice of a lawsuit and request to waive service of summons may be used by a plaintiff/mortgagee in a foreclosure action in Ohio to request that the defendant/mortgagor in the case waive personal service of the summons and complaint in the action. This template contains practical guidance and drafting notes. This template may be used in connection with a foreclosure of commercial or residential real property. In Ohio, service in a foreclosure case is handled like any other civil case. However, if the plaintiff seeks a judgment in personam, the summons and complaint must be personally served upon the defendant(s). Moss v. Standard Drug Co., 112 N.E.2d 542 (Ohio 1953). As of July 1, 2020, the Ohio Rules of Civil Procedure now allow for waiver of service akin to the Federal Rules of Civil Procedure. The new rule, Ohio Civ. R. 4.7, affords additional time to the defendant if the waiver is signed, but allows the plaintiff to seek certain service costs if the waiver is refused. To seek a waiver of service, the request must: • Be in writing and be addressed to the defendant • Name the court where the complaint was filed • Be accompanied by a copy of the complaint, two copies of the waiver form, and a prepaid means for returning the form • Inform the defendant of the consequences of waiving and not waiving service • State the date when the request is sent • Give the defendant a reasonable time of at least 28 days after the request was sent, or at least 60 days if sent to the defendant outside of the United States, to return the waiver –and– • Be sent by first-class mail or other reliable means Ohio Civ. R. 4.7. The form of waiver is set out in Ohio Civ. R. 4.7. This template tracks the statutory form and can also be used in civil cases not involving foreclosure. For further guidance on the foreclosure process in Ohio see Commercial and Residential Mortgage Foreclosure (OH) and Foreclosure Resource Kit (OH). For more information, see Real Estate State Law Comparison Tool and First Year Associate Resource Kit: Real Estate.