Legal Question in Civil Litigation in California

My estranged wife accepted a summons on my behalf. The note on the summons states she told the server that I no longer live at that address but that I do receive mail. Although eventually she sent me an email telling me she received the documents, the truth is that she and I are in the midst of an extremely hostile and lengthy divorce. Currently I'm unsure of how long she had the documents before informing me. Regardless, I have not lived at the residence for over 3 years and she had no right to accept this summons on my behalf. Can I file a "motion to quash"?


Asked on 8/11/11, 10:13 am

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Yes. But you should consult an attorney in your area to discuss the claims asserted in the complaint and your potential courses of action (i.e. should you file a motion to quash, a demurrer, motion to strike, an answer, etc.). Just because you can do something doesn't necessarily mean you should. Further, even if it would be advisable for your to file a motion to quash, unless you want to spend some time at the law library figuring out how to do it, you should probably hire an attorney to help you.

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Answered on 8/11/11, 10:27 am
Edward Hoffman Law Offices of Edward A. Hoffman

The other Mr. Hoffman (no relation) offers some good advice. Bear in mind that the plaintiff can probably still serve you correctly. A motion to quash may just be an expensive way to buy some extra time, and may not be worthwhile. This is something to discuss with the attorney(s) you consult.

You should also look into whether the plaintiff has taken your default or even had a default judgment entered against you. Those actions would be void if you were not served correctly. He may be agree to set them aside if you were not properly served. But if he doesn't, you will need to bring a motion to set them aside along with a motion to quash service.

Good luck.

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Answered on 8/11/11, 10:37 am


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