An Alias summons is normally issued when personal service has been unsuccessful. Basically, this is a second attempt by the plaintiff to notify you of the pending case. It is essential to note that an alias summons is as important as the first summons.
Alias summons - How to deal with it
Generally, a summons is issued by the plaintiff to notify the defendant that a case has been filed against him/her. A summons can be served by a sheriff or a process server who is an officer of the court. An alias summons is a second attempt by the plaintiff to notify the defendant that they need to come and defend themselves in court. It is also sometimes referred as pluries summons, which basically means an additional summons.
Normally, a summons is served by a person. An alias summons is required to be served in two ways. First, the plaintiff must publish a notice in a newspaper of general circulation. Second, the plaintiff must mail a copy of the notice to the defendant.
If you fail to answer the complaint or appear then the plaintiff will ask the court for a default judgment. This means that they will ask the court to render a judgment in their favor even though your side has not been heard. After judgment has been granted the plaintiff has a variety of options. They can place a lien on your property, garnish your wages, or even your income tax refund.
There are certain states where your commercial creditors can't secure a court order to garnish your paycheck. These states are North Carolina, South Carolina, Texas, and Pennsylvania. Your wages can be garnished for failure to pay child support, alimony, or back taxes.
How long the creditor or collection agency has to collect on a judgment depends on state law. Each state gives a plaintiff a certain amount of time to enforce the rights given to them by the judgment. If the creditor or collection agency fails to enforce those rights, then you have the right to go back to the court and ask that the lien be removed.
Finally, whether you receive an alias summons via mail or in person, it is always better to appear in the court. Otherwise, your creditor may secure a default judgment against you easily.
Hi Chip
As far as I know, Alias summons are normally issued if for some reason or the other the original summon has not been served or the original summon has expired. It is generally a second summon which is served if the first summon produced no effect or has been unsuccessful. But the most important thing is that the alias summon has the same value and importance as the normal or the first summon.
Hi chip71174
I agree with Justin. You said that the alias summon was not served to you in person. But the thing is that summons are mostly served by certified mail and since alias summons are of same importance as original summons as Justin said, you need to answer a summon and appear before the court just as you do for original summon. If you ignore it, the judgment may go against you.
Always answer a summons becasue as Mary said a judgement can easily go against you. It is better to appear in court so a judge can hear your side of the story and its always better that way.
You need to answer this, ignoring it will only lead to the company getting a default judgement against you. There are several posts here that show how to answer a summons, if you need more help, please post your questions.
Judgements can last a really long time. Just like credit card debt , it has a statute of liitatios but the difference is they can renew a judgement.
Yes, normally a judgment can stay in your for seven years, but in certain states in US like California, it can stay on your report for ten years. In California, judgments can also be renewed before the expiry of ten years, for another 10 years and so total judgment may last for 20 years. If a creditor can get a judgment against you, they can not only garnish your wages but can also a put lien on your property.
Can judgements be renewed indefinately? Do they have a limit of how many times they can be renewed?
No not indefinately, they will have to renew them every so many years, depending on your state, most will pay attention enough to do this.
They are set for a certain period of time and then the company or person that owns the judgement must watch for the expiration and file for a renewal on it. Like erb said, they usually do not miss the opportunity to renew them.
Okay but can they do this forever? I don't know enough about judgements nor do I have any but I always ;ike to get the answers in case someone new comes around the forum and needs help.
Normally when you have a judgment against you, the creditor or the collection agency is given a specified amount of time to collect the money from you. This time period is generally 10 years. During this time period, the creditor may bring out a court order to garnish your wages or your bank account, till the time the debt has been paid in full. However, judgments can always be renewed for another ten years, but for this the process to renew the judgment must start six to eight months before the initial judgment period becomes over.
But there are states that do not allow for wages to be attached or any of this other stuff. Take my state PA for instance ...the only thing they can garnish wages for is taxes and child support. Could they also garnish a bank account?
great answer fireone
In US, SS benefit can never be garnished, but there are four states which even do not allow for wage garnishment. They are Texas, North Carolina, South Caroline and Pennsylvania. However, garnishment of wages can always be made to enforce child support and alimony obligations and for payment of Federal Tax dues But the income which does not fall under wages can always be garnished.
That sounds to be about right to me. I read on another post that in some staes they can garnish up to seventy-five percent of undisposable wages. Seems like a lot. the only good thing here is the debt would get paid off a lot quicker. I just wonder how they would do this to someone whos paycheck varies from pay to pay. They garnished my bros and for child support and the did the figures before any taxes, 401k, union dues and medical was taken out. He didn't have a dime left over.
Alias Summons
Alias Summons do they have to make contact with the person? What is the difference between that a a regular summons. Is this used when the person is hiding , and they can issue the summons thru the mail?
thanks
pretty much, it is my understanding that an alias summons can be issued through debt collection as long as they have enough information on the original creditor and debtor.
I think I am a little lost here. What is this alias summons? Is it when they issue a summons to someone whom is using different names for credit? I would think if collectors could look at credit reports they would see all the different names the person was using.
ALIAS SUMMONS
I HAVE SEEN ONLINE I HAVE A ALIAS SUMMONS. I HAVE NEVER BEEN SERVED. AM IN DEFAULT AND JUDGEMENT GO AGAINST ME
does the summons have to be served in person?
what ways can the Alias Summons be served
They can be served at your home as a regular summons or any other avenue that a regular summons is issued.
This whole summons business is confusing to me. And also here is another post where a person finds out they have a judgment and was never served papers. If a person could prove that they were never served could they do something about it or are they stuck?
I think there should be some type of signature process in place, then if they do state that they delivered it then they would have to show some type of proof.
Just dropping it off at the door is crap, anything could happen to it, I don't think this is a good practice especially since a lawsuit is at stake and you end up with a judgement against you with out any knowledge of the summons being served.
I would venture to guess that the term "served" means that they actually had some type of contact with the individual that you are suing right?
Thats what I would think. I believe that if a summons was not recieved and a person finds a judgment on their report late they should be able to fight it on the grounds they did not recieve the summons. A signature systemmay help on a lot of ways but also would not be fool proof. How many people would sign for a loved ones letter. There needs to be a better verification system put into use.
how to beat a lawsuit
PULL ALL YOUR MONEY OUT OF THE BANK. when the prick suing you sees the zero balance on your account when he does financial discovery, he will be out of luck. If he asks where the money went.....
I DONT KNOW.
Screw these leaches that sue to make a living
how many times can a CA judgement be renewed?
19 years ago a CA law firm filed papers in the wrong court. This cost us our business. We refused to pay their $5000 bill. They got a default judgement against us because we were never informed of the hearing. They have renewed the judgement 3 times.
Can they just keep doing this forever? Their collectors have been chasing us unrelentingly for almost 20 years. THEY were wrong, not us. Is there ever going to be an end to this?
reply
Hi,
You will get an answer to your query at http://www.creditmagic.org/judgment/wrongcourt-renewed.html#45987 .
Hope this helps. If you have any other query you can feel free to discuss in the forum.
Thanks,
Aaron
garnishment of retiremen and social security
I received a summons. can they garnish social security and retirement? can they force us to sell our home?
garnishment
Hi dunce,
No, Social Security and Retirement benefits are non garnishable as per the Federal law. However, you will have to declare in court that all your income comes from Social Security Income and Retirement benefits. You also need to notify the bank and the creditor or collection agency about this.
Thanks,
Aaron
alias summons
I did not receive the summons in the mail or in person. The guy who left it there left it out in the open with no envelop or anything to protect my personal information. He left it on the porch. On top of that I don't even live at The residence Where they left the paperwork. Is this legal? Can I file a complaint?
Alias Summons
I was served with an alias summons from a collection agency which had a faxed copy of an alleged credit card statement as exhibit A and it stated that I had to respond within 3 days (during the holidays). Luckily I was off work and was able to respond for a court date before the offices were close for the holiday. However, I'm a bit confused because most alias summons have questions attached to it. Mines did not. Since I filed for a court date does that automatically suggest that I am confessing to the debt. What can I expect next?
summons
I was served today the 25th of Jan and they want me to appear on Feb 1? is this normal?
Alias Summons
Keep in mind that an ALIAS Summons is generally a second attempt at summoning (sp?) an individual who did not respond to the original summons. An example, would be courts that use certified mail to issue the original summons. (I personally think this is a stupid method). The debtor who is expecting to be summoned gets a little card in his/her mailbox saying they have to go to the Post Office and sign for a certified letter. The card shows the name or ZIP Code of the sender, and that helps to tip off what it is about. So they ignore the notice, the post office makes a 2nd and 3rd attempt at notification, then they return the letter to the sender. Meanwhile, the plaintiff shows up at court, and you aren't there. The sheriff (or whomever the process server is - Marshall in some states), states they were not able to serve the summons, so the judge sets a new date, and issues an alias summons, in an attempt to get the person to respond and show up to represent themselves. You can't ignore stuff, folks! Things that are legitimate debts usually don't just go away...
alias summons
we received a summons in December, and 2 weeks later got an alaias summons. a credit card company has filed this against us. we are going thru a debt settlement to repay the credit card company for less money. the credit card company has allowed us more time to get more money into our account with the debt settlement company. what do we do about the alias summons? we have tried to talk to the credit co., lawyers, but they won't return our calls, so we don't know what to do about any of this. The lawyers told the debt settlement they would give us more time. does this then affect the alias summons?
Alias summons
I received and alias summons today for a debt that is not mine.Same name I can not get anyone to listen to me.This girls ss is differnet and previous address.Help what can I do?
alias summons
Is Missouri a state that creditors cannot garnish your wages.
If I can't pay the amount they are asking for (I've been unemployed and getting $106 unemployment)..and food stamps but just recently got a job..and trying to catch up on money..but I don't even know how much it would cost to get a lawyer and the alias summons was given to my mom while I was at work (I didn't get it until I was home)...is this legal too? The original debt was 450..and now they are asking for $850 and 135 court costs...please let me know what is the best way to deal with this...thank you very much..
Alias Summons
can an alias summons be used in florida to correct an address and i f so is it served just likee the inital summons , by a person?
Alias Summons
What is the turn around time for if the defendant does not answer the Alias Summons for the court input a judgement.
continuing alias summons
The original summons was not served, then alias summons was not served. In state of Illinois, can credit collector continue to file alias summons until it is finally served, or is there a limit to how long they can go on trying to serve the summons?
alias summons
i,m a 85 year old retiree and the only income i recieve is ss benifits.
I also cliam the creditor in a chapter 7 petition. what are my options pay or ignore.
summons
On Sunday August 1, 2010, My son went down stars because someone was ringing the door bell as if they had lost their mind, when he got down stars, he found an alias summons lying on the floor is that legal, or does that person suppose to place that in someones hand and get a signature.
Credit Card Lawsuits
With so many people losing jobs or incomes being cut I know there is a lot of credit card lawsuits.
How does one find out if the Plaintiff is actually the Credit Card bank - vs. an Attorney debt collector, who purchased the deliquent debt from the bank, and is suing but using the bank name as the Plaintiff?
In otherwords, how do you find out WHO ACTUALLY OWNS THE ACCOUNT OR DEBT? I have a couple I'm suspecting the Attorney debt collector ACTUALLY purchased the debt, but is using the bank as the Plaintiff.
Discovery gets Answered with an Objection - privileged communication etc. on any requests with that reference.
Thank you in advance for your help with this question!
how to answer a alias summons
i have received an second alias summons and need to reply. do i have to have it written up in a special form?
CHILD SUPPORT
WHAT IS A ALIAS SUMMON, I JUST WENT ONTO THE LEON COUNTY CLERK OF COURT WEBSITE, AND THEN SAW WHERE THERE IS AN ALIAS SUMMON COMING TO ME ON MY DISSOLUTION/CHILD SUPPORT FROM A PREVIOUS MARRIAGE,WHERE I AM RECEIVING CHILD SUPPORT FOR FOUR CHILDREN WHERE 3 OUT OF THE FOUR ARE 18 NOW EVEN THO ONE OF THE 18 IS STILL IN HIGH SCHOOL AND A 14 YEAR OLD STILL IN HIGH SCHOOL WHAT DO I DO, ALL THE OTHER KIDS STILL LIVES WITH ME AND ARE IN COLLEGE.
child support
Ok the court sent me and my fiance a court hearing notice for a child support hearing and i did not put out a petition for child support on our children...we did not go...theu sent an alias summons to us today for another court hearing even though i did not file for child support...what to do
Alias summons
Hi Carol!
My daughter just received an alias summons regarding her ex-husband.
They have been divorced for eleven years! The summons is in Florida and she lives in Colorado. How should she handle this.
Thanks.
Alias Summons
What if a Alias Summons is issued but you never recevie it by mail or in person. Then can they go through and still have a court hearing a render a judgement in the other parties favor or do you have to be served before they can do so.
Alias Summons
So what happens if you appear and you don't have the money? Also what do they mean b "to file your written appearance"
Alias Summons Received from Other State
Hello.
My husband received an Alias Summons by Certified Mail on Friday (today's Tuesday). It was forwarded from our previous address in another state, and the court date is TOMORROW! This means we received less than 3 business days notification of this issue. We also never received an initial summons.
I have no idea what to do, because there is absolutely no way we can get back to Kansas City tomorrow morning. Does anyone know some action we can take to help guard again judgement? We may owe this money (have no idea what it is for), and we are willing to pay if so, but we've never been notified of an issue before now. Just looking for some guidance.
Thanks.
Alias Summons-never received
What if you never received a first summons or the Alias Summons? Daughter is getting divorced and when she looked up court date my name was there for an Alias Summons.