Subserved with unlawful detainer.

Asked over 2 years ago - 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. Frederick Prescott Hayes

    Contributor Level 11

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 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... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Hire a local tenant lawyer

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