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Alias summons - How to deal with it

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Carol
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Carol
Community Contributor

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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