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If the defendant was not served, the plaintiff who is suing must serve an alias summons. An alias summons is a second summons. A person can serve an alias summons just like a normal summons. But a person cannot move forward with their case until the defendant is served.
If a summons has already been issued by the Clerk of the Court but another summons is needed, perhaps because there was an error in the original one, it was served on the wrong party or to the wrong address or not served within the required time frame, the plaintiff may file a Request for Alias Summons to request that ...
A process server is generally required to make three attempts to serve legal documents. These attempts generally occur at different times on different days in order to maximize chances of service. However, some jurisdictions may require more attempts.
The defendant must file an appearance and responsive pleading or answer within 30 days of being served with the summons. An alias summons is a second summons that is issued by the court when the first attempt to serve a summons was unsuccessful.
Alias Summons ? a second summons issued in a case, in which return of service has been made and the defendant was not found. Appearance Date ? the date appearing on the summons, which sets the deadline by which the defendant must file an answer to the suit.
An alias summons is basically the second attempt by a process server at serving you. ?Issued and returnable? means the process server must fill out an affidavit stating how, where, and when he/she claims to have served you. They can issue an alias summons as many times as the court allows them in order to serve you.
To respond to this Summons, you must file Appearance and Answer/Response. forms with the court within 30 days after you have been served (not counting the day.
If they were not served, you will need to request to have a second summons (referred to as an alias summons) issued by the clerk and repeat the service process outlined earlier.