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?

+ Read More

Attorney answers 3

Posted

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

Asker

Posted

I actually didn't file a Motion to Quash, although I had grounds to...I chose to file the answer to the Unlawful Detainer as I was advised that a Motion to Quash is only going to postpone the enevitable....So what I need to know is do I need to file an answer again?

Erin Patricia Farley

Erin Patricia Farley

Posted

Are the case numbers the same on the UD? If so, then your answer is still good. (And it makes whatever argument the landlord made to the court about "not being able to serve you" appear suspect.)

Asker

Posted

Yes the case numbers are the same! So this works to my advantage then? Had the server tried to serve me after 6:30pm any day of the week, he would have easily found me at home.

Erin Patricia Farley

Erin Patricia Farley

Posted

It works to your advantage if the landlord tries to claim additional costs for service. You accepted service and responded (despite the bad service); therefore, the landlord did not need to accrue the costs and it shows you have acted in good faith. Whatever underlying issue there is will still be an issue, though. (And obviously, I have no idea what it is.) If you can, negotiate and make this thing go away. If you settle, make sure the action is dismissed.

Posted

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.

Posted

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

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer