Legal Question in Landlord & Tenant Law in California

what to do when the process server lied about personal service of summons & complaint...


Asked on 5/03/14, 9:53 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It depends on the procedural posture of the case. If you were served improperly but know about the case, you can file a motion to quash service of summons. Most courts and attorneys view this as await of time, because even if the motion is granted it will not make the case go away and the judge will just order them to reserve you.

If you are served improperly and do not know about the case, you can end up with a default judgment against you which requires a motion to set aside.

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Answered on 5/03/14, 5:14 pm


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