Quash Service

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If the legal service of the complaint or cross-complaint is legally defective, the opposing party can motion the court to invalidate or quash the service of the complaint

As soon as the lawsuit is filed, the plaintiff must properly serve the summons on the defendant, which informs the defendant they are being sued and how and when they must respond.

If there is something legally defective with the summons or the manner in which it was served on the defendant, the defendant may file a motion to “quash” (invalidate) the legal effect of the summons. For example, the summons and complaint were served on the wrong person.

If the judge agrees, the plaintiff will have to prepare and serve a new summons. The lawsuit cannot proceed until the summons is properly served.

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