---
title: "List what the file shows about service before a default"
url: "https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/assemble-the-service-evidence-before-asking-for-default-judgment/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A46-X20260927-3-US"
practice_area: "Debt Recovery & Civil Enforcement"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List what the file shows about service before a default

> List the date the complaint was filed, who is named as server, the method the paper describes, and whether a waiver is in the file. Do not write the proof of service.

Canonical page: https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/assemble-the-service-evidence-before-asking-for-default-judgment/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Debt Recovery & Civil Enforcement](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the date the complaint was filed, who is named as server, the method the paper describes, and whether a waiver is in the file. Do not write the proof of service. |
| What the lawyer must review | You prepare the proof. Rule 4(l) requires proof of service to the court unless service is waived. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit. Rule 4(c) requires the summons to be served with the complaint, by any person who is at least 18 and not a party, within the time in Rule 4(m). Rule 4(m) requires dismissal without prejudice, or an order allowing a specified further time, if a defendant is not served within 90 days after the complaint is filed. Good cause requires an extension. Subdivision (m) does not apply to service in a foreign country. Rule 4(e) allows service on an individual by the state law of the district where the court sits or where service is made, or by personal delivery, leaving the papers at the dwelling with a resident of suitable age and discretion, or delivery to an authorized agent. Rule 55(a) is the clerk's entry of default when a party has failed to plead or otherwise defend and that failure is shown. You decide whether service is proved. State courts use their own service rules. |
| Written for | United States |
| Applies to | [Assemble the service evidence before asking for default judgment](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/assemble-the-service-evidence-before-asking-for-default-judgment.md) |

## Checking plan

- What the AI does: List the date the complaint was filed, who is named as server, the method the paper describes, and whether a waiver is in the file. Do not write the proof of service.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The proof is the server's. The tool writes none of it.
- A filed waiver means proof of service is not required. Waiving service does not waive personal jurisdiction or venue.

## Sources

- [Federal Rule of Civil Procedure 4](https://www.law.cornell.edu/rules/frcp/rule_4) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 55](https://www.law.cornell.edu/rules/frcp/rule_55) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 11](https://www.law.cornell.edu/rules/frcp/rule_11) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Claim (Form 2), statement of claim (Form 16) and default judgment (Queensland courts): debt recovery guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-qld-claim-statement-of-claim-default-judgment.md) | Form | Yellow | Link to Queensland Courts' guide to recovering money owed, with the court for each claim value, Forms 2 and 16, filing copies, service within one year, the Form 46 affidavit of service, the 28-day… |
| [Application for order in default of defence (Magistrates' Court Form 21A)](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-vic-mcv-21a-default-judgement.md) | Form | Yellow | Link to Magistrates' Court Form 21A, the application for an order in default of defence when a served complaint has no defence. |
| [Litigation hold for a collection file](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/us-collection-litigation-hold.md) | Notice | Yellow | Internal hold for the ledger, the contract, call recordings and the assignment chain when a collection suit or a consumer-debt dispute is reasonably anticipated. |
| [Default judgment (Magistrates Court of Tasmania Form 21): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-tas-mc-default-judgment.md) | Form | Yellow | Link to Magistrates Court of Tasmania civil Form 21, Default Judgment. The forms list names the form. It does not state when default judgment is available. The file was not opened. |
| [Default judgment for a liquidated demand (Supreme Court of Western Australia Form 32): completion guide](https://ailawframework.com/precedents/debt-recovery-and-civil-enforcement/form-wa-sc-default-judgment.md) | Form | Yellow | Link to Supreme Court of Western Australia Form 32, default judgment in an action for a liquidated demand. The forms table lists Order 13 rule 2 and Order 42 rule 1, and two copies for filing. |
| [AO 440 summons in a civil action (US district court): issue, serve and prove service](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-440-summons.md) | Form | Red | Link to national form AO 440. Rule 4 sets what the summons must say, the clerk issues it, and the proof of service on the form is a declaration under penalty of perjury. |
| [AO 398 notice of a lawsuit and request to waive service of a summons](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-398-waiver-request.md) | Form | Yellow | Link to AO 398, the Rule 4 notice asking a defendant to waive service of a summons. The request must include the complaint, two waiver forms and a prepaid way to return one. |
| [AO 399 waiver of the service of summons](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-399-waiver.md) | Form | Yellow | Link to AO 399, the defendant's waiver of service under Rule 4. Signing it keeps defences to the suit, jurisdiction and venue, and sets a longer time to answer. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*