California  |  Civil Litigation

Legal Question

Asked on: 6/24/13, 12:16 pm

A summons for unlawful detainer was stamped by Clerk 6-20. Court docket shows Status Conference to be held 6/26.

I was not and have not been personally served. No mail regarding summons was in my mailbox on 6-20, 6/21, or 6/22. 6/23 no mail as it is Sunday. Around 9 am this morning I left my house and found on my door 2 copies of the summons.

I want to file a motion to Quash for improper service. Based on the way they served me (valid or not) I have ten days after the date of mailing to answer the complaint.

My question can I file the Motion to Quash after the 5th day the court has presumed is the date the answer should be given? I'm afraid if I don't file it by the 5th day (two days from now) I will receive a default judgement as opposed to my motion to Quash being heard and ruled.

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

115 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search