I filed an opposition to a defendants' motion to quash service of summons and lost. I had 99% of my evidence and arguments and the judge appeared convinced. I had filed certified copies of a County Tax Assessor record indicating that the address for the sub-service was used by the defendants as a mailing address. A problem was that the record showed what was the situs (physical) address and also the mailing address, but the mailing addres was not labeled "mailing address" even though the County explained to me that it was the mailing address, and I said it in my declaration. The process server's declaration also stated that it was a valid mailing address, known from his investigation, and the defendants also own the property. So I took to the hearing another certified County printout of tax bill records which did say "mailing address" but the judge did not accept it. It's all he needed but denied it, saying I hadn't laid sufficient foundation and that defendants' counsel did not have an opportunity to review it, even though it was one page and I had certified copy and extras. I realize I should have filed those just before the hearing, but its a procedural technicality I missed as a pro per. What happens now and what are my options? Appeal (on what grounds)? Should I have been given more leeway given that I am a pro per? Motion for reconsideration? If I attempt service again how does this affect any statutes of limitations? If I can try serving again how much time do I have?
Litigants appearing pro per are generally not given any more leeway than attorneys. It's a tough system. Your'e asking tough and complicated questions. The statute runs regardless of whether you have achieved service or not; you may be able to move the Court for extra time if you can demonstrate that you're having difficulty, with reasonable effort, serving the prty. You really should consult with an attorney - pay for an hour of someone's time who is close to you geographically, and get these questions answered more precisely.
We cannot give you detailed help because we cannot know enough facts. My colleague is correct, that you should hire a local attorney to advise you on the next steps.
This may be an appealable order. Or you may need to simply serve. If the case has not been dismissed, you should not have a problem with the statute of limitations.
You can file a motion for reconsideration, but only if you meet the standards for reconsideration.
You cannot be given more leeway because you are a pro per.
If you want to pursue this, you really do need to pay an attorney for an hour or two of his time and discuss your case in more detail. At a minimum the attorney will be able to guide you in the right direction. Short of that, I think your chances of success are rather bleak. Good luck.
If the court granted the motion to quash, basically you have to start the service of process over again. You do not need to file a new lawsuit, so there isn't a statute of limitations issue.
Your option is to immediately re-serve, not to appeal or to file a motion for reconsideration.
Typically, there are no grounds to appeal a granting of a motion to quash.
You will need to file a new Proof of Service of Summons.
