If a waiver is not returned, what must the plaintiff do?

• A. Dismiss the case
• B. Pay the expenses for service
• C. Move for summary judgment
• D. Request default judgment

Answer: (B)

When a plaintiff asks a defendant to waive service and the defendant does not return the waiver, the plaintiff must proceed with serving the complaint by other proper means and bear the costs of that service. This rule exists to ensure service is still completed while recognizing that the potential cost savings of a waiver are not realized if the waiver isn’t returned. So the plaintiff is responsible for paying the expenses of service, such as process server or marshal fees.

Dismissal, a move for summary judgment, or a request for default judgment aren’t automatic or required just because a waiver wasn’t returned. The next step remains proper service and then proceeding with the case after service is effected.