Mississippi Alias Summons

State:
Mississippi
Control #:
MS-61523
Format:
Word; 
Rich Text
Instant download

What is this form?

An alias summons is a legal document used in Mississippi when an attorney is unable to identify the exact name or location of a party involved in a legal matter. This form ensures that due process is followed by formally notifying the party, allowing the court to proceed with the case. Unlike a standard summons, which requires specific party information, an alias summons addresses situations where that information is incomplete or unknown.

Key components of this form

  • Instructions for filing the original response with the Clerk of the Court.
  • Information fields for the case number and involved parties.
  • Signature lines for the attorney and any required witnesses.
  • Notification clauses detailing how the defendant will be informed.
  • Space for any additional comments or specific instructions for the court.
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When this form is needed

This form is typically used in situations where legal action is being pursued, but the necessary information to properly serve the original summons is unavailable. Examples include cases involving absent defendants, individuals with unknown addresses, or when the party has recently changed their name or moved.

Intended users of this form

  • Attorneys representing clients in Mississippi who need to file a lawsuit.
  • Individuals acting pro se (without an attorney) who are facing similar legal scenarios.
  • Anyone needing to notify a party when their details are incomplete or unknown.

How to prepare this document

  • Begin by providing the case number and court details at the top of the form.
  • Fill in the known information about the defendant to the best of your ability.
  • Include any required legal language as specified by state rules.
  • Review for completeness and accuracy before signing the document.
  • File the original copy with the Clerk of the Court and ensure notification is sent to the defendant as per the legal requirements.

Does this document require notarization?

Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.

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Mistakes to watch out for

  • Failing to provide sufficient information about the defendant.
  • Not filing the original response with the court in a timely manner.
  • Overlooking local court requirements for the service of the alias summons.

Why complete this form online

  • Convenient access to legal forms at any time and from anywhere.
  • Easy to edit and customize to fit specific legal needs.
  • Reliable resources updated according to state laws, ensuring compliance.

What to keep in mind

  • An alias summons is essential for notifying parties whose details are incomplete.
  • Accurate completion and timely filing are crucial to ensure legal proceedings continue smoothly.
  • Review state-specific rules for additional requirements regarding use and submission.

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FAQ

A summons is a paper issued by a court informing a person that a complaint has been filed against her.An alias summons is a second summons served when the first attempt at serving a summons is unsuccessful. It is also sometimes called a pluries summons, which more generally refers to an additional summons.

An alias summons means that the plaintiff tried to serve you once before but was unsuccessful. A new summons had to be issued and that is an alias summons. If you do not timely respond to the summons, a default judgment can be taken against you. Please see an attorney as soon as possible.

Definition from Nolo's Plain-English Law Dictionary A name used that is not the given name of a person (such as Harry for Harold, initials, or a maiden name, or a criminal's false name). family & personal matters. divorce.

There is no general time limit in Florida for a clerk to issue a pluries summons. A pluries summons is simply a summons that is issued after an alias summons is lost or misplaced. An alias summons is issued after the summons is lost or misplaced... 0 found this answer helpful helpful votes 0 lawyers agree.

After the alias summons is requested, a case administrator will issue the alias summons and you will receive a notice of electronic filing (NEF). Upon receipt of the NEF, complete the certificate of service on the summons or use the fillable PDF version of the certificate of service, LBF 305.

A sheriff of the jurisdiction where the court is located may also be used to serve a defendant. In certain cases, service of process can be completed through certified mail. If you have hired an attorney, he or she can explain which option is best for your case. You cannot serve the defendant yourself.

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.Plaintiff the party that initiates the lawsuit.

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Mississippi Alias Summons