Motion To Quash Service

After a lawsuit is filed, the plaintiff must have a proper “summons” properly served on the defendant, telling the defendant about the lawsuit and that the defendant must respond. If there is something legally wrong with the summons or the manner of service, the defendant may file a motion to “quash” service of the summons. If the judge agrees, the plaintiff will have to serve a new summons. The lawsuit cannot proceed until a proper summons is properly served.

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