Skip to main content

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.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose.


  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.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference