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babalaco
Posts: 61
Registered: ‎03-15-2008
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Help - Docket says "ALIAS SUMMONS ISSUED AND RETURNABLE"

A collection agency had filed suit a few months back. They were not able to serve me and the original summons not served or returnable. 2 months went by and I just saw on the docket, ALIAS SUMMONS ISSUED AND RETURNABLE. What does this mean. I was never served nor was anyone I live with. What should I do?
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Wonderin
Posts: 3,494
Registered: ‎05-25-2008
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Re: Help - Docket says "ALIAS SUMMONS ISSUED AND RETURNABLE"

It means that they've issued another summons to be delivered and returned.

In most states, a summons can last anywhere from 30-120 days. And they can serve you (oftentimes) by simply stating that they have a package for you (which gets you to open the door) and then toss the summons at your feet.

From what I've read, they can also serve you if you're in your vehicle. They merely have to place the documents on the hood or roof of your car to constitute service. They can also leave the summons with someone at your work. If you live in a an apartment, they can leave it with your apartment manager.

I'd say you likely have another 2 months of (you or your roommate) at LEAST not answering your door ahead of you! :smileysad:

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Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
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Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
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Re: Help - Docket says "ALIAS SUMMONS ISSUED AND RETURNABLE"

An alias summons is a second summons served when the first attempt at serving a summons is unsuccessful.
 
return of service
n. written confirmation under oath by a process server declaring that there was service of legal documents (such as a summons and complaint).
 
So, my understanding is that they have issued a 2nd summons and it is returnable, meaning that there must be written confirmation stating it was served.
 
You need to look in your state statutes to find out what "proper service" is or call your county courthouse and ask.
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RobertEG
Posts: 18,466
Registered: ‎03-19-2007
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Re: Help - Docket says "ALIAS SUMMONS ISSUED AND RETURNABLE"

[ Edited ]
IMHO, if you know the summons exists, as you apparently admit, then accept it now.
By posting on here, you have publically admitted knowledge, and implied advice on how to dodge it.  Not good.
Legally now almost impossible to argue lack of knowledge, or lack of intent to interfere with service.
My opinion...  accept it.
 


Message Edited by RobertEG on 07-21-2008 11:16 PM
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MattH
Posts: 3,240
Registered: ‎04-03-2008
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Re: Help - Docket says "ALIAS SUMMONS ISSUED AND RETURNABLE"

[From Time Magazine, Friday, Sep. 28, 1962]

At playing peekaboo with a process server. Mystery Man Howard Hughes, 56, has no peer. Until Hughes's lawyers finally accepted service three weeks ago, the directors of Trans World Airlines had tried in vain for nearly a year to slap him with a subpoena in a $115 million damage suit. All the while, TWA had an artful dodger of its own: Ernest R. Breech, 65, the airline's board chairman and former head of Ford, who has steered clear of New York State to avoid being nailed with a Hughes summons in a $336 million countersuit. Breech proved a mere neophyte at the game. Flying home to Detroit from a board meeting in Boston, Breech was peacefully ensconced in his seat when at 8:30 p.m. a Hughes process server ambled over and dropped a summons in his lap. Was it valid? Sure enough, at the time the subpoena was served, the plane was 25,000 ft. over Albany—in New York State.
TU 791 02/11/2013, EQ 800 1/29/2011 , EX Plus FAKO 812, EX Vantage Score 955 3/19/2010 wife's EQ 9/23/2009 803
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Senior Contributor
Wonderin
Posts: 3,494
Registered: ‎05-25-2008
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Re: Help - Docket says "ALIAS SUMMONS ISSUED AND RETURNABLE"



RobertEG wrote:
IMHO, if you know the summons exists, as you apparently admit, then accept it now.
By posting on here, you have publically admitted knowledge, and implied advice on how to dodge it. Not good.
Legally now almost impossible to argue lack of knowledge, or lack of intent to interfere with service.
My opinion... accept it.


Message Edited by RobertEG on 07-21-2008 11:16 PM




I didn't construe his/her post to be necessarily seeking advice on "dodging" the summons/debt, per se, with the intent of rooking the system.

And for that matter, there are many here that would prefer to "dodge" the summons until they can make contact with the plaintiff/attys, hoping to reach a settlement/agreement prior to a court date, on their own terms. If you read the forums, there are a lot of people that have been sued for debts out of SoL or for debts that aren't even theirs. I didn't see anything in the OPs post that would exclude those conditions.

Unless the poster came right out and stated that they're "dodging" the summons with the intent of putting one over on the system, I really don't think it's fair to judge him/her.

I was under the impression that being judgmental was against the spirit of the forums here. At least, that's what I've seen the Mods say, and I think they'd know best, don't you?

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!


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