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Showing results for tags 'Motion to Quash Service'.
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I was sued twice by Unifund in 2013, different law firms. The first law firm claimed substitute service at an address I have no connection to at all, so I filed a motion to quash. The clerk gave me a hearing date outside the 30 days required by statute, telling me that it was the first available date. The hearing is on calendar. The second suit served by publication, but their request contained inaccurate info and they failed to fully comply with the judge's order allowing service by publication, so I called the clerk to get a hearing date for a motion to quash. The second clerk started to give me a date outside the 30 days as the first clerk had done, but then stopped and said since these types of hearings need to be heard within 30 days, she would fit me in earlier. It's calendared within the required 30 days. Am I in trouble with the first hearing, which is coming up soon? The first clerk told me it was the earliest date available, and I took her word for it. I have a great case for first motion to quash because the plaintiff served some Doe at the wrong address. If the plaintiff argues the hearing is void because of the 30 day requirement, is there any case law that will help me rebut that? If so, should I file it with the court before the hearing? Thanks in advance!