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That the defendant never appeared in the lawsuit.No one who lives with the defendant and who is 13 or older was served with a summons and.That the defendant was never served with a summons.The Motion to Quash must tell the judge three things: However, if the return of service says the right description and location, it can be difficult to win a Motion to Quash.įor example, if the return says that the defendant was served with the summons at 1276 Main Street, but they live at 2276 Main Street, they should explain that in the motion, and attach some evidence, such as their utility bill from 2276 Main Street, to support what they say. The defendant can then file a Motion to Quash to tell the judge that they weren’t properly served.
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Sometimes, the return of service will list a defendant’s description or location that the defendant knows is not theirs. The defendant can find the return of service by asking the circuit clerk for the court file. A return of service is a signed statement that says where and when the person was served, and what the person looked like. In some cases, certified mail can be used to serve process.Īfter serving a person, the process server has to fill out a return of service, also called an affidavit of service, and file it with the court.
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They can also leave it at the defendant’s home with someone 13 or older who lives with the defendant. Usually, a sheriff, a US marshal, or special process server must hand the defendant a complaint and summons. Service of process is the way a person is told about a lawsuit. It is commonly used to quash:Ī Motion to Quash is often used to quash service of process. Quash means to say that something is invalid.Ī Motion to Quash can be filed by either party in a case. A motion is a request for a judge to do something.