Legal Question in Civil Litigation in California

Re: Insufficient Service of Process Procedures

A motion to quash would have to be in writing and personal appearance in court. The lawyer on the other side will just then serve you at the courthouse with the summons and complaint, unless you were to send an attorney to represent you. I agree with Mr. Stone, though. It would only delay the inevitable, especially since you already know about the lawsuit.

Re: Insufficient Service of Process Procedures

To answer your question:

The motion must be in writing, filed with statutory notice, and in the proper format.

You must specify that you are specially appearing solely to challenge service of process, otherwise you will have appeared and the challenge to service will be moot.

Finally, why are you looking to challenge service? If you get the service quashed, they will just reserve -- or serve you at the hearing on the motion to quash. Unless you have a valid jurisdictional challenge, a motion to quash is generally a waste of time and money.

Re: Insufficient Service of Process Procedures

As the other attorneys have noted, challenging the service of process is generally not worth the time, effort and cost. I usually counsel clients to file an answer and proceed accordingly.

That being said, challenging service of process is advantageous when defective service led to a default judgment being procured by the plaintiff.

Typically you then then challenge the service of process through a motion to vacate the default judgment.

If you would like to speak with me regarding your matter, feel free to contact my office.

Yours truly,

Bryan

877.201.8728

Re: Insufficient Service of Process Procedures

Usually challenging the validity of service is pointless. Just respond to the complaint.