Can you be served by the same case after a granted motion to quash or do they need to refile

Asked over 1 year ago - Bellflower, CA

I had a judge grant my motion to quash on a unlawful detainer, when I walked out the court room, the lawyer served me the papers for the same case, is that legal, doesn't he have to refile, or can they use the same case

Attorney answers (3)

  1. Malosack Berjis

    Contributor Level 20

    13

    Lawyers agree

    Answered . Yes--unless the case was (also) dismissed, you can be re-served under the same case.

  2. John Joseph O'Brien

    Contributor Level 13

    8

    Lawyers agree

    Answered . This is a good example of why fighting some things in litigation is not worth the time and cost (and why consultation with an attorney can be worthwhile). You should focus on the merits (or lack thereof) of the lawsuit against you.

    The information/answer is not, nor is it intended to be, legal advice. Consult an attorney regarding your... more
  3. Sagi Shaked

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Yes you can still be served so long as the time to serve has not expired. In Florida you have 120 days to serve complaint once it's filed. You can always ask for extension of time to serve so long as you are within the 120 days when asking for extension.

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