How is an alias summons issued?
An alias summons, in most jurisdictions, is what the summons is called on the second attempt to serve the defendant with process. Service of it is accomplished in the same way that the original summons is served, unless governing law provides differently. The third and subsequent summonses are often referred to as pluries summonses.
It would be issued & served on the known birth name of the person. However - it would also have the alias(es) listed on the document - so that the person tho whom it relates cannot say they weren't the person concerned.
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If you just received an alias summons from civil court regarding a repossessed car saying you owe 6800 why are they calling it an alias summons and how can you prevent garnishment?
Answer . An alias summons is a duplicate summons issued at another time, or served in another way after the original has expired, or hasn't been served, or had no effect, …or produced no response for some reason.\n. \nTechnically, the court has probably sent a second summons, since the first one didn't produce the results they thought it would.\nTo stop the garnishment--go to court, take an attorney with you that knows what you did or didn't do. Have all your paper\nwork for the attorney. \nSee if you can work out an agreement with the court and lender to pay an amount that is agreeable to you both at a payment that you\ncan afford\n-- BUT .....\nIf you do not show up and you do nothing--you will pay the $6800 + more in interest and court costs thru the garnishee which can\nbe an amount that is not affordable to you or your family depending on the state you are in.\n. \nCall An Attorney!! Do something and DO IT NOW!!\nGood Luck
Summons is a document that secure the attendance of the accused person in court of law . if the Magistrate , Justice of the peace having jurisdiction intend to prosecute a per…son and such a person is not in custody and no warrant of arrest has been issued to such person in respect of an offence he or she committed , he the Magistrate or Justice of the peace shall drawn up a SUMMONS through the clerk of the court to hand it to a person in question . It contain the name of the accused person , his address , gender the place and the time where and when the hearing will take place and the name of the charge for which a person should be charge . It will be serve to a person within 7 days exclude weekend and public holidays be given to accused himself , if he is unreachable to any person residing there or working where the accused person works and such person shall be of 16 years old and above . It will be a prima facie that the service of the SUMMONS has been served . If the person to whom a SUMMONS has been issued failed unreasonable to appeared in court as far as the SUMMONS concern . A warrant of arrest will be issue against him . Others documents are : Indictment>same as the SUMMONS , but this can be use in High court , Subpoena>For calling a witness in court of law and Warrant>For arrest any person in respect of an offence .
You don't really answer the summons, you answer the complaint that comes with the summons. The complaint will have individual paragraphs making general factual allegations, su…ch as "defendant signed a promissory note on a car loan for $5,000.". You have to write an Answer that addresses each individual allegation. They should be in numbered paragraphs to match the paragraphs in the complaint. You will either admit some allegations if they are true, deny some that are untrue and simply leave plaintiff to prove ones you are unsure of. You are also expected to raise affirmative defenses yourself. If you do not know them you should check with a lawyer to see if any apply. The danger in not raising affirmative defenses is that you might not be able to use them in your defense at a later time. A Summons is served with a Complaint by a process server. Process is served according to the civil procedure laws of your State. Once you are lawfully served, you are considered to be on notice of the pendency of the lawsuit, even if this is constructive notice only. The Complaint specifies the specific counts in and of the lawsuit, and asks for relief from the court. State civil procedure laws vary, but there is a limited time in which to serve an Answer on the opposing party, usually on the order of two to three weeks. If you fail to file an Answer in that time, you will have a default entered against you. Retain an attorney at law to draft an Answer, as this is a court pleading that only an educated and experienced practitioner will know how to fully and effectively draft, file and serve. Do not prejudice your rights by being dilatory or failing to act. If you receive a summons in a criminal matter, immediately retain an attorney at law specifically experienced in criminal practice.
A summons issued when original has not produced its effect because defective in form or manner of service, and when issued, supersedes the original summons.
Yes, once a debt collection agency buys your debt from the original creditor they are legally entitled to all of your debt. Therefore, they can take you to court for any unpai…d debts, so long as it is the debt they bought from the original creditor and only that debt.
A summons is a legal demand that you appear in court , issued either by the court itself or an officer of the court (ie any attorney licensed to practice in your state, or pol…ice officer). If you disregard the summons you may be charged with failure to appear or contempt of court, depending on the situation, and a warrant for your arrest issued to compel your presence. Like late fees on a credit card, ignoring the problem compounds the problem. However, the Court may not take such drastic measures right away, in the interest of saving costs and time. A re-arrest warrant may be issued with the new charge added, but no active effort made-- until the next time you have dealings with the police, at which time this WILL come back to haunt you. If, by summons, you specifically mean a traffic ticket (speeding, failure to stop at a stop sign, etc), they generally state that mailing in payment of the fine with your signature admitting guilt, your appearance is waived and you need not appear. This is the route most people take. If you decide not to mail in the ticket with the fine, you are required to appear in Court on the date specified. Often you may speak with the prosecutor before court to negotiate, either lowering the fine if merited, or postponing your date until you can pay the fine, at his discretion.
An alias is a made up screen name for a user on a computer. A website on the Internet might want a person to use an alias to protectpersonal information. The user can make up …their own screen name inmost cases.
My 18 year old son and his friend were caught with their backpacks full of beer. They were walking and a vehicle was not involved. They were told they were being arrested but …the process was not done. No finger printing, etc. They were handcuffed and brought to the police station and left in a room for over an hour. They both received a ticket and a court date. They are good boys but stupid. What can happen to them? Honestly I am not condoning this but you can send an 18 to war but they cannot drink and let me tell you we all did this.
Be happy you were issued only a summons for trespassing. "Trespass" means that, 'with unlawful inent, you entered upon the property of another.' Shoplifting charges are more s…erious in that they imply the crime of larceny.
a motion for a new execution. the original was lost or stolen.
In Law & Legal Issues
Sometime referred to as being " summon s ed " (with an 's') - you will receive it either in the mail or, less often, sometimes in person. A Summons is different from a Subpo…ena. A Summons can be issued by someone other than the court, requesting your appearance at a hearing. However, a Subpoena is issued by, or with the authority of, the court. A Subpoena demands your presence. A subpoena is usually delivered by certified or registered mail, or is served, usually at your residence, in person by the Sheriff or a process server,
In Police and Law Enforcement
This could happen in a circumstance where arresting someone is not practical and the charge or risk of flight of the offender is not an issue. Some circumstances may include s…omeone who is hospitalized or a person who is in the middle of caring for a child and the charge is of a misdemeanor or violation level and is minor in nature, such as disorderly conduct. The flip side is that for someone you may only give a summons to, you may end up arresting...i.e. flight risk or someone who has not showed up for previous summonses.
In Civil Lawsuits
Then the judge normally finds you guilty and you can get tried for contempt of court (that second doesn't always happen). If you plan on anything besides a terminal disease, m…ake it to that court date. They really don't view your snubbing them well.
Yes a civil summons may be issued pertaining to child custody depending on your local laws.
In Traffic Violations and Tickets
if you're issued any sort of violation summons or such then you will either be notified via the mail or a sheriff will deliver papers directly to you at your home