motion to quash
at the UD hearing the judge stated that the plaintiff did not file a proof of service with the court, but let the case continue anyway.I was found in default, my question is can I file a motion to quash on that fact?
Re: motion to quash
You probably showed up in court and identified yourself to the clerk or judge. Your participation thus probably constituted a so-called "general appearance" which takes the place of service of process. The court obtains personal jurisdiction of a party EITHER by proper service (including filing a proof of service) OR by the party making an appearance, either in person or by attorney. You seem to have submitted to jurisdiction, thus service of process is unnecessary and you have no ground to quash service. Note: I cannot guarantee that this analysis fits your case because I don't have all the information, such as what (if anything) you said or did in court, but I'm inclined to believe this is accurate.
