When may a motion to quash service be filed, and what is the effect?

When may a motion to quash service be filed, and what is the effect?

• A. The plaintiff may file a motion to quash service any time, regardless of service quality.
• B. A motion to quash is automatic if the defendant requests it.
• C. When service is defective or not in accordance with law; the court may quash the service and require re-service.
• D. Quashing service ends the action.

Answer: (C)

Service of process must follow the rules to give proper notice to the defendant. If that service is defective or not in line with the law, the appropriate remedy is a motion to quash. The court then has the authority to quash the service and require re-service in a manner that complies with the applicable rules. This keeps the process fair by ensuring the defendant actually receives proper notice, so the case can proceed. This is not automatic or available at any time simply because a defendant asks for it, and quashing does not end the action. It serves to correct faulty service, after which proper service is re-done and the case moves forward.

Service of process must follow the rules to give proper notice to the defendant. If that service is defective or not in line with the law, the appropriate remedy is a motion to quash. The court then has the authority to quash the service and require re-service in a manner that complies with the applicable rules. This keeps the process fair by ensuring the defendant actually receives proper notice, so the case can proceed.

This is not automatic or available at any time simply because a defendant asks for it, and quashing does not end the action. It serves to correct faulty service, after which proper service is re-done and the case moves forward.