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Alias summons - How to deal with it

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Carol
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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.

 

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Justin

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PostPosted: Tue Aug 19, 2008 12:27 pm    Post subject:

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.

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Mary

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PostPosted: Tue Aug 19, 2008 12:50 pm    Post subject:

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.

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fireyone



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PostPosted: Tue Aug 19, 2008 11:39 pm    Post subject:

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.
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goodnatured



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PostPosted: Wed Aug 20, 2008 1:14 am    Post subject:

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.
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fireyone



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PostPosted: Wed Aug 20, 2008 1:40 pm    Post subject:

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.
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carol

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PostPosted: Thu Aug 21, 2008 7:41 am    Post subject:

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.
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fireyone



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PostPosted: Thu Aug 21, 2008 9:18 pm    Post subject:

Can judgements be renewed indefinately? Do they have a limit of how many times they can be renewed?
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erb1953



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PostPosted: Sun Aug 24, 2008 2:26 am    Post subject:

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.
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goodnatured



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PostPosted: Sun Aug 24, 2008 3:15 am    Post subject:

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.
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fireyone



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PostPosted: Sun Aug 24, 2008 1:53 pm    Post subject:

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.
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anthony

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PostPosted: Thu Sep 25, 2008 8:49 am    Post subject:

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.
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fireyone



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PostPosted: Fri Sep 26, 2008 5:20 pm    Post subject:

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?
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goodnatured



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PostPosted: Sat Sep 27, 2008 1:22 am    Post subject:

great answer fireone
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Justin

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PostPosted: Mon Sep 29, 2008 9:03 am    Post subject:

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.
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