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Was the person who served the Summons a party to the case?
Thank you for that information.
It means that the service was invalid, see
"The person serving papers must be over the age of 18 and cannot be a party to the case."
You can file a motion to quash service because you were not legally served by a non-party.
I hope this information is helpful.
The County Law Library will have legal form books with sample motions. I am not allowed to prepare legal documents for you, under the rules of this web site.
Witnesses are not needed to prove valid service. Service by email is not allowed.
The motion to quash service of process would include a declaration by you stating that happened and stating that the papers were not served by a non-party.
Yes, a party can be present when a non-party hands you the papers.
The County Law Library will have legal form books with samples of motions to quash.
No the motion has to be served and then filed in Court.
Did the other party file a proof of service of the summons and complaint? If so, do you have a copy?
You might want to go the the court named on the summons and ask to see the file. If the proof of service states that the papers were served by the petitioner, that greatly helps your ability to win a motion to quash.
You have to serve the opposing party with any motion to quash prior to filing it with the court.
May I ask what type of case this is?