Challenging Defective Service of Process: Motions to Quash

Under the Due Process Clause of the United States Constitution and state statutes, a court cannot exercise personal jurisdiction over a defendant without proper, verified Service of Process.

Common Service Defects

• Improper Substitute Service: Leaving papers with a minor or at a business address where the defendant does not maintain an office or dwelling.
• Service by an Interested Party: Service executed directly by the plaintiff rather than an authorized sheriff, constable, or licensed private process server.
• Expired Summons: Delivering a summons after the clerk-authorized statutory validity window (typically 30, 60, or 90 days) has expired without an extension order.

Filing a Special Appearance or Motion to Quash

Defendants must be cautious not to file a general answer before asserting service defects. In many states, filing an answer or general appearance waives all objections to defective service. Instead, file a Special Appearance or Motion to Quash Service of Summons challenging jurisdiction.