Do I need to re-file my answer to an unlawful detainer?

Asked over 1 year ago - Antioch, CA

I wasn't properly served an unlawful detainer and sought advice from attornies here on Avvo as to whether I should file a motion to quash. Was told the end result would be having to file once I was properly reserved so I filed my answer on Thursday. On Friday I found a new copy of the unlawful detainer posted on my door that included an order to Post Summons and Complaint signed by a judge. That stated they were unable to personally serve me...etc. my question is: I have already filed an answer to the one I was improperly served. Do I need to file an answer again?

Attorney answers (3)

  1. Michael Raymond Daymude

    Contributor Level 20


    Lawyers agree

    Answered . The answer to your question is: it depends. Look at the case numbers. If they are the same on both complaints then you do not have to re-file your answer. If they are different you need to file a response in the case for which you have not yet filed.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Erin Patricia Farley

    Contributor Level 15


    Lawyer agrees


    Answered . Yes. As you have now been properly served, the Motion to Quash the prior service is moot.

  3. Lara Ruth Shapiro

    Contributor Level 11


    Lawyer agrees

    Answered . No, if your answer is on file with the court and you have served it on plaintiff's attorney, you have made your appearance.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more

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