Legal Question in Wills and Trusts in California
Can my case be dismissed since I wasnt served properly
I wasnt served correctly for the second time I am self representing
myself and I would like to have my lis pending removed and cased
closed in my favor based on technicalities
2 Answers from Attorneys
Re: Can my case be dismissed since I wasnt served properly
We may be able to legally assist you in this matter once we get more additional facts. For a free phone consultation, contact us directly.
Re: Can my case be dismissed since I wasnt served properly
It's possible that the party suing you has obtained a default and judgment against you. The best you can do at this point is file a motion to set aside the default and judgment if that has happened. If it hasn't gotten that far yet, you can specially file a motion to quash, attaching a declaration as to why you could not have been served (out of the country -- provide copies of airline tickets, etc.). If that doesn't work, the judge likely will permit you to answer, and then follow the normal lawsuit process.
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