Legal Question in Real Estate Law in California

Re: How do i do a motion to quash service of summons i cannot afford an attorny

I have done some research on whether a motion to quash service of process is still timely after a default judgment has been entered, or whether you need to follow some other procedure, such as making a motion to set aside the judgment. I did not find a definite answer in my usual sources, but I would think the motion to quash should work because it challenges the court's personal jurisdiction over you.

My suggestion is to inquire whether the court in which the case was filed has an unlawful detainer assistant who can give procedural (not legal) advice to unrepresented parties, and if so, see that person immediately. Otherwise, look for sample motions at the county law library (every county has at least one; sometimes but not always located at the main courthouse).

You need to understand that even if you are successful in filing and serving a motion and getting it heard and getting a decision in your favor, the landlord is just going to re-serve you. Also, your say-so against the process server's as to whether you were served is not necessarily going to be a winner at the motion hearing.

I'm sorry I can't give you a more definite road-map to success. Even fairly detailed and specific treatises on landlord-tenant matters do not seem to delve into use of motions to quash after a default judgment has been entered and a writ of possession has issued.

There is a type of document known as a "claim to right of possession" that can be delivered to the levying officer, but only by occupants who resided at the premises before the UD was served AND are not named in the summons and complaint. I presume you have now seen the suit or a copy of it and that you are named therein. Therefore, this is no help.