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What is the name of your state (only U.S. law)? LA County, CA

If a civil law suit over $25,000 is filed on July 1st how many days does the Plaintiff have to complete service/serve defendant with the complaint before it expires and the court dismisses it for incomplete service?
 


adjusterjack

Senior Member
What is the name of your state (only U.S. law)? LA County, CA

If a civil law suit over $25,000 is filed on July 1st how many days does the Plaintiff have to complete service/serve defendant with the complaint before it expires and the court dismisses it for incomplete service?
3 years per Code of Civil Procedure 583.210:

583.210. (a) The summons and complaint shall be served upon a
defendant within three years after the action is commenced against
the defendant. For the purpose of this subdivision, an action is
commenced at the time the complaint is filed.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=583.210-583.250
 

quincy

Senior Member
What is the name of your state (only U.S. law)? LA County, CA

If a civil law suit over $25,000 is filed on July 1st how many days does the Plaintiff have to complete service/serve defendant with the complaint before it expires and the court dismisses it for incomplete service?
The plaintiff (Biz A) has not corrected the name and address on the complaint yet and served you (or Biz B)?

Have you located a lawyer in your area to assist you with the case Biz A has built against you?

I recommend you make use of the link to lawyer resources provided to you in your other thread (https://forum.freeadvice.com/civil-litigation-46/who-liable-629910.html).

I also think that, if you do not find an attorney in your area to assist you with the complaint that appears to be heading your way, you will need to become familiar with California's Rules of Civil Procedure.

Here is a link to California's Rules: http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

Good luck, Gone South.
 
Thank you Quincy I have started reading up on it, have not found a lawyer yet was looking to Quash/service first .


The plaintiff (Biz A) has not corrected the name and address on the complaint yet and served you (or Biz B)?

Have you located a lawyer in your area to assist you with the case Biz A has built against you?

I recommend you make use of the link to lawyer resources provided to you in your other thread (https://forum.freeadvice.com/civil-litigation-46/who-liable-629910.html).

I also think that, if you do not find an attorney in your area to assist you with the complaint that appears to be heading your way, you will need to become familiar with California's Rules of Civil Procedure.

Here is a link to California's Rules: http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

Good luck, Gone South.
 

quincy

Senior Member
Thank you Quincy I have started reading up on it, have not found a lawyer yet was looking to Quash/service first .
Biz A corrected their complaint and, rather than the individual with the same name, you have now been served? You are looking to quash service for what reason?
 

adjusterjack

Senior Member
Thank you Quincy I have started reading up on it, have not found a lawyer yet was looking to Quash/service first .
Quashing the service isn't likely to happen.

The purpose of process service is to put you on notice that you're being sued.

You are on notice.

Responding to a lawsuit with a motion to quash service just acknowledges the service itself.

What you should be doing is filing your answer and including a motion to dismiss on grounds that you are the wrong party.

Unfortunately, even that isn't going to do you much good because it just tells the plaintiff his mistake so he can amend his complaint.

Bottom line, there is no magic word that gets you out of a lawsuit right at the onset.

You have to raise your defenses and see it through.

Get yourself a lawyer before you mess things up.
 
Will be contacting a lawyer on Monday; I know these people are not going away and are figuring I will just give up once they can actually serve me so I may as well bite the bullet the whole thing is stressful / thank you adjusterjack and other posters I really appreciate your time


Quashing the service isn't likely to happen.

The purpose of process service is to put you on notice that you're being sued.

You are on notice.

Responding to a lawsuit with a motion to quash service just acknowledges the service itself.

What you should be doing is filing your answer and including a motion to dismiss on grounds that you are the wrong party.

Unfortunately, even that isn't going to do you much good because it just tells the plaintiff his mistake so he can amend his complaint.

Bottom line, there is no magic word that gets you out of a lawsuit right at the onset.

You have to raise your defenses and see it through.

Get yourself a lawyer before you mess things up.
 
If a Motion to Quash is filed a few weeks before a case management hearing does the defendant still have to go to the case hearing?
 

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