Alias summons - How to deal with it

Submitted by chip71174 on Mon, 08/18/2008 - 19:08
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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.

lauren (not verified)

I am writing because I lived in Illinois but moved to south Carolina about a year ago. Illinois has filed an alias summons for me. In your post you stated that SC is a state that cannot garnish wages or tax refunds. Is that valid in my situation seeing as how I lived in Illinois but not when the summons were filed. I've been a resident of SC going on a year.

Sun, 05/20/2012 - 05:17 Permalink
Sally Williams (not verified)

I notice that there has been an alias summons but to date I have not been served in any way--if I am not served should I appear in court--on advice from a local attorney he said that if I was not served absolutely to not appear in court. What step should I take?

Thu, 05/23/2013 - 19:14 Permalink
TammyN (not verified)

they service the summons to poe but as for a manager, they signed, this alleged debt from midland funding, i have asked them numerous times for validation of this alleged debt and written notice and when the purposed alleged debt became delinquent... I had a sears card back in 1998 400.00 i payed this off in 2000 and just hear in the last couple of years did i hear anything in ref. to this., Midland is nt very nice...What is your advice on this.

Thu, 06/13/2013 - 14:03 Permalink
crorkz (not verified)

AYp91T Great, thanks for sharing this blog post.Really looking forward to read more. Keep writing.

Tue, 08/05/2014 - 07:59 Permalink
crorkz (not verified)

jeS0wx Very informative article post.Thanks Again. Really Cool.

Tue, 08/05/2014 - 16:22 Permalink
Lovett (not verified)

I recieved a notice in the mail of a hearing but I was not served. Can a default judgement be entered against me?

Tue, 08/19/2014 - 10:42 Permalink
ed lowitzki (not verified)

I have a judgement from atty fees related in a divorce not for contempt charges just normal payment of attys fees.
by accident I looked up my case and it shows that the firm filed something like a citation I have never received anything at all ,I looked case up on date summons was returnable and it was marked not served and says citation issued alias summons with a next date of dec 16th.Again I have not received anything whats so ever in mail or by a processor.What could this be??
Ed LOWITZKI
630-485-1849

Tue, 12/09/2014 - 15:44 Permalink
can the plaint… (not verified)

Can the plaintiff take your car over credit card debt

Wed, 02/25/2015 - 23:51 Permalink
sc (not verified)

Hi Carol,
I recieved a summons for a MO Court today 3-6-15 on a credit card that I don't even remember having. The court date is on 3-18-15 paper in the back shows one that was filed in Nov 2004 and I was found in default for not appearing. I have not until today ever recieved anything on this credit card. In October my husband had a major heard attack and died in the car w/me. Got him to a Drs hospital (to late to get to the hospital) They helicoptered him and did save his life, however he was not the same He lost memory etc.. We lost our home of almost 20 yrs and had to bounce between friends & family til he got his SSD. With the little bit of money we moved 4 hrs from family to be able to afford something. I drive a bus that only pays for my insurance. I have a very old pick up and drive a car w/almost 300,000 miles, we have not borrowed anything but wondering if they can take what little we have? I can't afford an attorney and not sure what to do, or if I can do anything?
Plz any advice would be helpful. Thanx so much

Sat, 03/07/2015 - 01:07 Permalink
johnny baugh (not verified)

I received an order from the court saying if plaintiff, me, does not file a alias summons and complaint for new attempt at service of process within 14 days then my case against the defendants shall be dismissed...What does all this mean.

Thu, 06/04/2015 - 13:33 Permalink
Julie b (not verified)

I moved and was never served but the internet site says alias summons issued and returnable and judgement for plaintiff. What does this mean? I live in illinois.

Wed, 09/30/2015 - 15:10 Permalink
Keisha (not verified)

What happens if the sheriff tries to serve the respondent & still is unable to serve the party

Thu, 11/03/2016 - 22:51 Permalink
RebeccaHooper (not verified)

I received a Alias Pluries summons over a credit card bill can they take my land and seal it at action over this

Tue, 07/18/2017 - 13:06 Permalink
stor2452@bells… (not verified)

I paid a process server $60.00 to serve a process on a lawyer that owe me $3.000.00. The server texted me a video only of the lawyer signing the summons. Then the process server tells me that the service was legit, although I don't have a copy of the original form. The server then says the original summons was lost, therefore she files an alias summon with the clerk of the court. I do not feel good about this!

Fri, 11/03/2017 - 01:06 Permalink
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Tue, 02/19/2019 - 00:13 Permalink
Sylvia Perry (not verified)

I saw on line there was an alias summons issued but I’m totally unaware of it

Fri, 06/21/2019 - 13:06 Permalink
Sylvia Perry (not verified)

I saw on line there was an alias summons issued but I’m totally unaware of it

Fri, 06/21/2019 - 13:07 Permalink
Jessica early (not verified)

I was served at a caseys by a man that handed me an envelope on july 3, my court date is the 9 of July, my attorney says I was not properly served and not to go he is filing papers,

Tue, 07/09/2019 - 02:10 Permalink
Jessica early (not verified)

I was served at a caseys by a man that handed me an envelope on july 3, my court date is the 9 of July, my attorney says I was not properly served and not to go he is filing papers,

Tue, 07/09/2019 - 02:13 Permalink
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Fri, 07/12/2019 - 17:54 Permalink
Travis Wayne Wilson (not verified)

I’m involved in a federal failure to accommodate suit. My last day to serve was 9-8-19. My process server attempted my delivery and the statutory agent refused. This took place on 9-7-19. I will be having law enforcement attempt to deliver.. if there is no success I’ve been notified by the labor law board they will turn over the 2 papers stating the non compliance of signing for the summons. I filed pro se because of time and have seen examples of forms to request an extension online. Do you have any recommendations on how to approach the court properly

Fri, 09/06/2019 - 22:48 Permalink
Ana R Almanzar (not verified)

I need some advice on a wage execution against my husband. We objected and responded in writing to the Court and we sent a certified mail copy to the plaintiff's lawyer. We got a court date but the Court granted the wage execution anyway before we even had a court date. Why is this and can we fight this somehow so we can pay without the wage execution? We need help as soon as possible.

Mon, 02/17/2020 - 15:18 Permalink
j.luis.arroyo1… (not verified)

I received an alias summon that i had to return by 2/18/2020. what should i do now?

Fri, 03/06/2020 - 16:52 Permalink
Jerry Thom (not verified)

I am sorry but isn't answering a plaintiffs complaint, creating a contract to this PARTY..that is what court is all about YES?....we all live is a world of commerce...are names all in CAPS justify this, because usually the response is defending yourself, regardless if your right or wrong? Now the courts are there to see who is right because there is a discrepancy between parties. No CONSENT...NO CONTRACT End of story!

Wed, 04/01/2020 - 14:21 Permalink