Skip to main content

Subserved with unlawful detainer.

Fullerton, CA |

I was subserved by posting and have not received mailed copy. I don't want to file motion to quash, I only want to use my 15 days to answer properly. However, no proof of service has been filed with court and I think landlord will try and request default along with claiming I was personally served tomorrow. Today marks the 5th day since receiving UD, how will they prove a lie? How can I make sure landlord does'nt try and pull a fast one on me? Again, I was served 6/07 and 6/08 by posting with no court approval, no proof of service filed yet, no answer filed yet and since 5th day I think motion to quash is out of the question I'm sure motion to quash will be a WIN but I want the 15 days, how can I be sure I get them?

Attorney Answers 3

  1. Best answer

    You should probably either file your answer or file your motion to quash.

    If you wait to find out if the landlord submits for a default, your situation may become more complicated and difficult.

    Answers on this site are only intended to provide general information. No attorney-client relationship is intended. Specific legal advice is only provided after a personal meeting in which detailed information about a client's particular circumstances and goals are obtained.

  2. So what is your goal, just to delay the eviction as much as possible? What do you mean by "get them"?

    Tenants often have difficulty proving the process server lied. You are probably better off filing your motion to quash service of summons if you don't want to get defaulted, and yet want to prolong the litigation.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.