What to do if a summons was improperly served and in the wrong county?
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What to do if a summons was improperly served and in the wrong county?
My ex-husband found a summons from a debt collector taped to his front door. It has my name on it, however, I have never lived there. He lives in another county. The debt collector’s address is in his county which makes it convenient for them. The date on the summons in dated one month before it was placed on his door. Which is a few days before the SOL was to run out. My ex emailed the summons to me. Do I have any recourse since the summons was not properly delivered and the court house is in the wrong county? Should file a motion to quash service?
Asked on July 18, 2012 under Bankruptcy Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have described with respect to the summons and complaint taped to your ex-husband's front door addressed to you, the summon and complaint was improperly served upon you since you do not reside at the address where it was delivered coupled with the fact that the summons and complaint was not personally delivered or sub-served.
I suggest that you may want to consult with an attorney that practices in the area of consumer law to assist you and decide whether a motion to quash service may be appropriate for you based upon the facts of your matter.
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