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If process is not served or if it is served incorrectly, the plaintiff or court may seek other methods of serving the defendant. For example, when it proves impossible to serve the first summons, the court/clerk can issue an ?alias summons.? The third and subsequent time process issues, it is called ?pluries.?
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.
How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
Primary tabs. Alias derives from the term ?alias dictus,? which means ?otherwise called.? An alias is a pseudonym, nickname, or alternative name for an individual (alternative to their legal name). The expression ?John Doe, alias? or ?John Doe alias? means an unknown person.
Alias process is a legal term that refers to a new legal order issued after the first one failed for some reason. It can be an alias execution, alias subpoena, alias summons, or alias writ. It is like a second chance for the legal system to try and bring someone to court.
Another circumstance that can land a debtor in jail is missing a court date. If a small claims court hearing is scheduled, and you do not attend, the court will issue a warrant for your arrest.
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.
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 ...