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

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

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

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  3. 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.

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