Defective Process Law and Legal Definition

Defective Process refers to a process that is void or voidable. A process becomes void when it does not comply with the required form in some material way. On the other hand it is a voidable process if it is a curable defect.

The following is an example of a State Statute ( Virginia) on Defective Process:

A person, upon whom process to answer any action has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash filed prior to or simultaneously with the filing of any pleading to the merits. Upon sustaining the motion, the court may strike the proof of service or permit amendment of the process or its return as may seem just.[Va. Code Ann. § 8.01-277]