Improper Service Lawsuit Dismissal

Summary

Improper service of process can be grounds for dismissing a lawsuit. File a motion to quash service in New Jersey, providing proof you were not in the state at the time of service. Legal representation is advisable.

Full Conversation

am being sued by a debt collector. However, I believe that have not gone through the proper channels as I was just notified of this debt. They clearly have not been able to locate me & apparently served papers to my aunt in a state where I do not reside anymore & was not residing in at the time of said service. They lied to the courts and said I was served. I’m trying to get this lawsuit dismissed over that. Is that possible?
Hello Shane, improper service of process can indeed be a reason to dismiss a lawsuit. However, this varies by jurisdiction. Could you please provide your current location so I can give you information more relevant to your area?
I currently live in Louisiana, the lawsuit is in New Jersey. I do not live in New Jersey and did not at the time of said service.
Based on your location, here's the information I can provide:
- You may file a 'motion to quash service' in New Jersey on grounds of improper service.
- You'd need to provide proof you were not in New Jersey at the time of service.
- Legal representation is advisable.