Quash Service

Share This
« Back to Glossary Index

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.

Related Articles

Jurisdiction & Legal Process

April 20, 2021
Liability Begins With First Obtaining Jurisdiction Over Defendant - FAQ This article summarizes how courts impose jurisdiction (control) over civil defendants to appear before the court in a civil action and plead their defense to allegations made against them by the plaintiff in a personal injury case. We will begin with understanding what jurisdiction means…
Read more →

Personal Injury Complaint

April 20, 2021
Pleading The Legal Basis For Liability -FAQ I am about to retain a lawyer for injuries I received in a car accident. The lawyer informed me they would file my lawsuit against the other drivers after I completed my treatment. Why Wait? Can't We File Our Complaint Now? Let me explain and start from the…
Read more →

Sponsors

Affiliate disclosure

GotTrouble.org is a one-stop free and open consumer information and expert resource.

Our information helps guide people through the complexity of life-changing legal, financial, and emotional challenges.

One way of doing this is by providing our visitors with a wide range of third-party resources. Some of which are affiliates.

Should you visit an affiliate, we will disclose this fact, and we may earn a commission. We ask that you use your independent judgment in deciding whether an offered service or product fits your needs and purposes.

If you have questions, please get in touch with us at inquiries@GotTrouble.org.