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I was browsing my court records and see that I have an open Alias Summons from three years ago. I went to court on the original and it was dropped, but now I see there is this alias summons. Is there any expiration or time limit? Statue of limitations etc?
what state are you from?
Alias summon is basically a second summon issued by a court when the first summon is unsuccessful. Just like ordinary summon, you need to answer an alias summon within the date mentioned on the summon (normally it is 30 days). The alias summon also contains the name of both the creditor and the debtor and instructions on how to file a response to the summon. It is just a duplicate copy of the original summon and has the same validity as that of the original summon.
How can they file this alias summons if they did not serve the debtor? If the debtor does not recieve the summons then can they go to the courthouse and dispute it even if the 30 day time limit is up.
Yes, if the debtor did not receive the summon and the creditor brings a default judgment, the debtor can always file a motion to vacate the judgment by visiting the court which had issued the judgment. While filing the motion the debtor needs to provide reasons as to why he wants the judgment to be vacated. The debtor needs to be specific about the reason, as the motion may be canceled by the court, if the court do not find any valid reason.