What Is Motion to Quash?
Motion To Quash (MTQ) is a request for the court to hand down the decision of a previous lower court ruling invalid. This is done when the process of service is questioned.
Why Are Process Servers Affected?
Process Servers get affected when MTQs are filed against them because it questions their capability and credibility. There are cases wherein a defendant informs the judge that they weren’t properly served, and so they file for an MTQ. Getting the motion to be denied is low if return of service has the correct location, and when the defendant was correctly identified.
Three things the judge needs to know:
A process server must record the return of service of a defendant’s physical description or address and file it in court. These should be in place before filing an MTQ:
- Defendant was never served with a summons.
- No one who lives with the defendant is 18 years old or older when the summons was served.
- The lawsuit doesn’t involve the defendant.
The Right Process Server To Do The Job
Headley Legal Support only partners with well equipped and trained process servers to get the job done. We work with detail oriented process servers. We monitor each with GPS to record geographical location of service. Feel free to fill out this form to learn more on how we can help.