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N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9340
Experience:  attorney at self
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I got the summons several days ago while I was taking my

Customer Question

I got the summons several days ago while I was taking my families on vocation. The summons was just drop in the porch. My neighbor saw a guy came in and rang the bell and dropped the paper. I have 30 days to response. So far, I didn't see any mail come in. I knew people has to be properly served if they get sued. For this case I am not properly served, shall I send the Summons back to the plaintiff? What should I do to proper handle this case since there is a valid case number ***** the Summons? Shall I go to the court to see the clerk? What kind of forms need to be filed? Please advised.
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Atty replied 1 year ago.

Thank you for your question.

I would go to the courthouse and get a copy of the proof of service to see what it says. Then you can file a motion to quash service of process with a declaration stating that you were not personally served,

There is no standard form for a motion to quash service, but your County Law Library will have legal form books with forms you can use as a model for your motion.

May I ask what the lawsuit is about? An accident? A contract?

Customer: replied 1 year ago.
a contract. thank you for your answer. How much will my credit card be charged?
Customer: replied 1 year ago.
never mind. I agree with the charges. Thanks again.
Expert:  N Cal Atty replied 1 year ago.

I believe you will be charged $36 if you accept my answer.

I asked if it was an accident case to see if you might have insurance that covers this.

You can get a free consultation from some of the contracts attorneys listed by location here.

You are allowed to waive the defective service by just filing a response to the complaint, but that is a decision that should be made in consultation with a local attorney.

Please follow up on this with a local attorney.