Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?
I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going to the movies. I have a receipt proving my whereabouts at that time. The only reason I learned about this case is due to a solicitation from a law firm. Would it be advisable to reach out to a lawyer now to submit a motion to quash, or is it preferable to wait until a default judgment occurs and then file a motion to vacate?
A:
It's best to act now and not wait until a default judgment. Reaching out to a lawyer to submit a motion to quash the service of summons can help you address the issue promptly and prevent any negative consequences from an incorrect default judgment.
With the proof you have, such as the receipt showing your location, a lawyer can assist you in presenting this evidence to the court, demonstrating that you were not properly served. This can increase your chances of successfully quashing the improper service.
Taking proactive steps now ensures you address the situation before it escalates. Waiting until a default judgment might complicate matters and require additional legal actions to rectify the situation. Contacting a lawyer promptly helps protect your rights and allows you to navigate the legal process more effectively.
A: I can't help but feel that you are going in the wrong direction. A motion to quash etc. is nothing more than fancy dance moves that do not win the lawsuit. It gives you extra time to file an answer or other response to the complaint. That's all it does for you. Are you going to waste time and money on hiring a lawyer to do that? Eventually, this may still go to trial. Do you owe the money? You should be worried about that.
A:
Thank you for your question!
If the motion to quash is granted, the case gets dismissed. If a lawsuit gets dismissed twice, the Plaintiff cannot sue you about that claim anymore. You can file a motion to quash and answer together, or separately (motion to quash must be first).
I recommend defending the case now, instead of waiting for a default judgment, especially now that you are on actual notice about the lawsuit.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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