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Motion To Quash Timeline
Summary
In California, if served by posting and mailing, you have 15 days from the mailing date to file a Motion to Quash Service of Summons. The day after mailing is the first day to count. When submitting an Answer online, it must be filed by 11:59 PM on the due date. Ensure your motion includes accurate details and evidence. Consider consulting a local attorney for guidance.Full Conversation
is the day after the date of service the first day (of *)?
In California, for calculating the time to respond to a summons after service by posting and mailing, the day after the mailing date is considered the first day. So, if the mailing occurred on a Monday, the first day to count would be Tuesday. It's important to track these dates carefully.
If I am submitting an Answer to a summons online, does it have to be by business hours, or just within the calendar day?
When submitting an Answer to a summons online in California, it generally needs to be filed by the end of the calendar day (*:* PM) on the due date, not strictly within business hours. However, it's a good idea to check the specific court's e-filing guidelines to confirm. Have you confirmed with your local court's e-filing system?
draft me a Motion to Quash, based on the objection that my summons says it was served by personal delivery, but I never personally received it. I received the complaint, summons, and prejudgment claim of right of possession by having them posted on my front door, and later received in the mail also. I was at the river with my friend that day. Also my other friend saw the documents posted on the door before I arrived home. Ask me questions if other information is needed to draft the text of the motion
Case Rating: *
To draft your Motion to Quash, I'll need a bit more information:
- The date the documents were posted on your door.
- The date you received them by mail.
- Confirmation of your case number and the name of the plaintiff.
- Any evidence or witness statements to support your claim of not being personally served.
Feel free to provide these details, and I'll help you draft the motion!
To draft your Motion to Quash, I'll need a bit more information:
- The date the documents were posted on your door.
- The date you received them by mail.
- Confirmation of your case number and the name of the plaintiff.
- Any evidence or witness statements to support your claim of not being personally served.
Feel free to provide these details, and I'll help you draft the motion!
documents were posted */*/*
Case Rating: *
Based on your situation, it's crucial to file the Motion to Quash Service of Summons promptly. Here are some key points:
- Service by posting and mailing allows 15 days from the date of mailing to file the motion.
- The counting begins the day after mailing.
- Ensure you keep track of all dates and any evidence supporting your claim.
Would you like any further assistance with this process, or do you have any more questions about filing your motion?
Based on your situation, it's crucial to file the Motion to Quash Service of Summons promptly. Here are some key points:
- Service by posting and mailing allows 15 days from the date of mailing to file the motion.
- The counting begins the day after mailing.
- Ensure you keep track of all dates and any evidence supporting your claim.
Would you like any further assistance with this process, or do you have any more questions about filing your motion?
draft me a Motion to Quash, based on the objection that my summons says it was served by personal delivery, but I never personally received it. I received the complaint, summons, and prejudgment claim of right of possession by having them posted on my front door, and later received in the mail also. I was at the river with my friend that day. Also my other friend saw the documents posted on the door before I arrived home. Ask me questions if other information is needed to draft the text of the motion. documents were posted */*/*, they arrived by mail several days later, I'd guess *-7 days later but not sure. plaintiff: Randall Horn. case # 25UD003435, I'll add evidence & witness statements later
Case Rating: *
To draft your Motion to Quash, here's a basic framework you can use. Make sure to adjust it with specific details and any evidence you plan to provide:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Sacramento County Superior Court
[Court's Address]
[City, State, ZIP Code]
Re: Case No. 25UD003435
Plaintiff: Randall Horn
Defendant: [Your Name]
Motion to Quash Service of Summons
Dear Honorable Judge,
I, [Your Name], the defendant in the above-referenced case, respectfully move this court to quash service of the summons in this matter on the grounds that the summons was not properly served in accordance with California law.
*. Background:
- The summons indicates it was served by personal delivery.
- I did not personally receive the summons. On [Date], the documents were posted on my front door.
- I was not at home on that day as I was at the river with a friend. A witness can confirm the documents were posted before my arrival.
- I received the documents via mail several days later, approximately *-7 days after the posting.
*. Objection:
- Service by posting and mailing does not constitute personal delivery.
- I was deprived of my right to proper service and the opportunity to respond in a timely manner.
*. Request for Relief:
- I request the court to quash the service of summons and deem it invalid.
- I request additional time to respond appropriately once proper service has been effected.
Please find attached any evidence and witness statements supporting this motion.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Make sure to attach any evidence or witness statements when filing. Additionally, consider consulting with a local attorney to ensure the motion meets all procedural requirements. Would you like additional information on filing procedures or legal resources?
To draft your Motion to Quash, here's a basic framework you can use. Make sure to adjust it with specific details and any evidence you plan to provide:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Sacramento County Superior Court
[Court's Address]
[City, State, ZIP Code]
Re: Case No. 25UD003435
Plaintiff: Randall Horn
Defendant: [Your Name]
Motion to Quash Service of Summons
Dear Honorable Judge,
I, [Your Name], the defendant in the above-referenced case, respectfully move this court to quash service of the summons in this matter on the grounds that the summons was not properly served in accordance with California law.
*. Background:
- The summons indicates it was served by personal delivery.
- I did not personally receive the summons. On [Date], the documents were posted on my front door.
- I was not at home on that day as I was at the river with a friend. A witness can confirm the documents were posted before my arrival.
- I received the documents via mail several days later, approximately *-7 days after the posting.
*. Objection:
- Service by posting and mailing does not constitute personal delivery.
- I was deprived of my right to proper service and the opportunity to respond in a timely manner.
*. Request for Relief:
- I request the court to quash the service of summons and deem it invalid.
- I request additional time to respond appropriately once proper service has been effected.
Please find attached any evidence and witness statements supporting this motion.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Make sure to attach any evidence or witness statements when filing. Additionally, consider consulting with a local attorney to ensure the motion meets all procedural requirements. Would you like additional information on filing procedures or legal resources?
please tell me if the following motion seems professional
Case Rating: *
The motion you provided is professionally structured. It includes:
- A clear introduction with case details.
- Background and objection sections outlining the facts and legal grounds.
- A request for relief, clearly stating what you seek from the court.
- A declaration under penalty of perjury.
Remember to review and include specific evidence or witness statements before filing. Would you like additional information on filing procedures or legal resources?
The motion you provided is professionally structured. It includes:
- A clear introduction with case details.
- Background and objection sections outlining the facts and legal grounds.
- A request for relief, clearly stating what you seek from the court.
- A declaration under penalty of perjury.
Remember to review and include specific evidence or witness statements before filing. Would you like additional information on filing procedures or legal resources?
I'm seeking input on fine-tuning some details - I'm concerned about possibly overstating not being home that day, as I was home until approximately *:* pm, at which point my friend picked me up and took me to the river. I have a text message record of her contacting me about going to the river and the timestamps and details line up with me leaving around *:* pm. I'm under the impression the papers were posted while I was gone because I didn't see them as I was leaving and my roommate said they found them on the door in the afternoon - technically that could have been before or after I left, but either way, I didn't see them until the next day. How would you rewrite the relevant sections to adjust for this?
Case Rating: *
To adjust your motion based on the updated details, you might consider revising the statements to reflect the timing more accurately. Here's a suggestion for the relevant section:
---
*. Background:
- The summons indicates it was served by personal delivery.
- I did not personally receive the summons. On July *, *, the documents were posted on my front door.
- I was at home until approximately *:* pm before leaving to the river with a friend, as confirmed by a text message log.
- My roommate discovered the documents posted on the door in the afternoon, either before or after I left.
- I personally saw the documents for the first time on July *, *.
- I received additional copies by mail approximately *-7 days later.
---
Would you like to be connected to local lawyers who can better assist you with your case?
To adjust your motion based on the updated details, you might consider revising the statements to reflect the timing more accurately. Here's a suggestion for the relevant section:
---
*. Background:
- The summons indicates it was served by personal delivery.
- I did not personally receive the summons. On July *, *, the documents were posted on my front door.
- I was at home until approximately *:* pm before leaving to the river with a friend, as confirmed by a text message log.
- My roommate discovered the documents posted on the door in the afternoon, either before or after I left.
- I personally saw the documents for the first time on July *, *.
- I received additional copies by mail approximately *-7 days later.
---
Would you like to be connected to local lawyers who can better assist you with your case?
if a summons is served by posting & mail, how long does a defendant have to submit an answer?
Case Rating: *
In California, if a summons is served by posting and mailing, a defendant typically has 15 days from the date of mailing to submit an answer. It's important to act promptly to avoid default judgment.
Would you like to be connected to local lawyers who can better assist you with your case?
In California, if a summons is served by posting and mailing, a defendant typically has 15 days from the date of mailing to submit an answer. It's important to act promptly to avoid default judgment.
Would you like to be connected to local lawyers who can better assist you with your case?
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