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HomeCredit ForumCredit repair

Alias Summons vs. Normal Summons

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chip71174



Joined: 18 Aug 2008
chip71174's page
Posts: 1



52 Magic Points
Subject: Alias Summons vs. Normal Summons
 
 Posted on Mon Aug 18, 2008 7:08 pm  
If I am served an "alias" summons in the mail, do I have to actually show up in court even if I was never served in person? Thanks!
 
Justin

Justin

Joined: 17 Jul 2006
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Posts: 440



11395 Magic Points
 
 Posted on Tue Aug 19, 2008 12:27 pm  
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.
_________________
Best Wishes
Justin
 
Mary

Mary

Joined: 06 Jul 2006
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Posts: 348



9244 Magic Points
 
 Posted on Tue Aug 19, 2008 12:50 pm  
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



Joined: 26 Feb 2008
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Posts: 2967



4112 Magic Points
 
 Posted on Tue Aug 19, 2008 11:39 pm  
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.
 
goodnatured



Joined: 03 Nov 2007
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Posts: 3172



1091 Magic Points
 
 Posted on Wed Aug 20, 2008 1:14 am  
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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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
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Posts: 2967



4112 Magic Points
 
 Posted on Wed Aug 20, 2008 1:40 pm  
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.
 
carol

carol

Joined: 27 Jun 2006
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Posts: 401



10920 Magic Points
 
 Posted on Thu Aug 21, 2008 7:41 am  
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



Joined: 26 Feb 2008
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Posts: 2967



4112 Magic Points
 
 Posted on Thu Aug 21, 2008 9:18 pm  
Can judgements be renewed indefinately? Do they have a limit of how many times they can be renewed?
 
erb1953



Joined: 31 Dec 2007
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Posts: 629



-19 Magic Points
 
 Posted on Sun Aug 24, 2008 2:26 am  
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.
 
goodnatured



Joined: 03 Nov 2007
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Posts: 3172



1091 Magic Points
 
 Posted on Sun Aug 24, 2008 3:15 am  
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.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
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Posts: 2967



4112 Magic Points
 
 Posted on Sun Aug 24, 2008 1:53 pm  
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.
 
anthony

anthony

Joined: 31 Jul 2006
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Posts: 506



12637 Magic Points
 
 Posted on Thu Sep 25, 2008 8:49 am  
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.
_________________
Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
You can also visit my blog
http://financewatchonline.blogspot.com
 
fireyone



Joined: 26 Feb 2008
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Posts: 2967



4112 Magic Points
 
 Posted on Fri Sep 26, 2008 5:20 pm  
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?
 
goodnatured



Joined: 03 Nov 2007
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Posts: 3172



1091 Magic Points
 
 Posted on Sat Sep 27, 2008 1:22 am  
great answer fireone
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
Justin

Justin

Joined: 17 Jul 2006
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Posts: 440



11395 Magic Points
 
 Posted on Mon Sep 29, 2008 9:03 am  
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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Justin
 
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