Legal Question in Civil Litigation in California
Reason for ''motion to quash service of summons''
I received a ''notice of summons'' via ''personal
delivery''. The space on the form for the date of this
was left blank. Is this sufficient to file a ''motion to
quash service of summons'' as the Complaint not
being served properly?
Thanks.
4 Answers from Attorneys
Re: Reason for ''motion to quash service of summons''
You will likely lose on such a Motion, especially since you were personally served.
Re: Reason for ''motion to quash service of summons''
Did you actually receive the summons or a "notice of summons via personal delivery." I don't know what the latter is. If the first, failure to leave a date blank is insufficient to contest service, especially since you have actual knowledge of the lawsuit. The registered process server's filing with the court creates a presumption that you were properly served.
Re: Reason for ''motion to quash service of summons''
You can object but will likely loose. What is the purpose in objecting? They can reserve, so why bother? Instead you may want to obtain concessions, etc.
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Re: Reason for ''motion to quash service of summons''
Probably what you received was a summons and a proof of service. The proof of service is a document the process server fills out after she serves the summons documenting how, when and upon whom it was served. You received your copy before she had the information, which is why it was blank. There is nothing wrong with this and it will not support a motion to quash.