Motion to Quash

150 - Normal Motion to Quash

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This is the normal motion to quash, based upon the physical service of the summons and complaint.

The landlord's process server is supposed to hand each tenant the Summons and Complaint in person, or after trying that, leaving a copy with someone else who is there. If after a few times of trying that, they still can't find anyone to hand it to, they can get a judge's order to post and send it by certified mail. But they hardly ever do. Typically, they stick it on the door and talk away. That is wrong.

Your first response to the eviction is usually a Motion to Quash, to challenge that improper service. You don't have to appear in court and it gets you an extra 3 weeks up front, if time is important to you.

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