Is an appearance required for an Alias Summons?

Here's what I found regarding an Alias Summons in the state of Illinois. I don't know about Indiana, but I would assume the process is similar in all states. Someone please correct me if I'm wrong.

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They should put their rent in escrow with the courts. That way if the landlord can not evict them, and if he wants his rental payments he will need to fix whatever is wrong.

An alias summons is just subsequent attempts to serve a person with the summons. Generally they need to be served to the defendant personally. I don't think rubber-banding it to a door-knob counts, and that could actually be a defense in court that you were not properly served.

I am not sure as to whether all parties need to appear. I was reading in a FAQ somewhere on my courts' website, under "what to do if you cannot show up to court" -- the website basically said they will not change the court date, and if you cannot show up, then you should have someone else show up for you. ... Again, I wouldn't take that as fact, but that is a summary of what I read somewhere.

If you google the words "indiana tenant law" you find a whole lot of hits regarding this subjetc and evictions

I'm not sure how this varies state to state, but in Michigan a landlord/tenant dispute works like this:

If you go to court, you have an opportunity to make payment arrangements to catch up the rent..But I have heard that sometimes you really get hosed..

If you don't go to court, you have ten days to pay the past due plus court costs, if you don't you will be evicted.

Of course, I don't know the circumstances here..Is this a landlord/tenant dispute, or is it an official eviction from the court?

That sounds about right for OH also. I know the eviction process can take awhile. In the end they send out somebody to tage your door and usually within 72 hours if you are not out, they have deputies from the court come and set you out. I used to lease apartments and had to go to court for evictions all the time. And sometimes it really sucked when it was families with children.

In WV they change the locks. Big article in the paper about a mortgage company doing this to a woman 2 days before Christmas. She was in her car living. KYSIDE38

You get a three-day notice in CA and if you pay rent in that time, it's torn up. I have heard of the sheriff coming to physically evict people and it is not pretty.

They have the 3 day eviction notice here, but with that it is 3 days to pay up or the landlord will go to court and start eviction proceedings.

In Michigan, we have the deal with the sheriff evicting people - but it takes a long time to get to that point. I was looking at renting an apartment once, in a very nice apartment complex. The manager told me once they got these people out of the apartment, they would clean it up and it would be mine - they hadn't paid rent in 5 months, and it took another 5 months to finally get them out - the sheriff came with backup and physically removed them from the apartment. All their furniture was tossed out the door onto the sidewalk.

The previous tenants destroyed the apartment - I never did move in.

Why do people do that? I also looked at a place that had been trashed and didn't take it. I would think that your next landlord would call that place for a reference, which could only be bad. Even if you hated your landlord, at least don't burn a bridge--cuz it can only bite you u-know-where, right?

kscornell - it was pretty scary - lots of fist sized holes in the walls - in every single room, even in the stairwell leading to the upstairs. The carpet was actually crusty with dirt, food and goodness knows what.

I was worried that the guy that lived there with the previous tenant would come back after I moved in, thinking she still lived there. That was a big deciding factor for me in not moving in.

If you get a summons, go to court. If the summons was not served correctly, bring that up first when you appear in court. If you don't bring it up, then the judge may not ask, as you may get a judgment against you.

If it costs you anything to appear (filing fees, lost wages, etc.), you can ask for that money from the landlord.

If you don't defend your rights in court, you might as well not have them.

How many times can i be attempted to be served a alais summons . The sherriff does not know my correct address and i dont plan on telling them. I found out i was being sued over the court internet

Alias summons' can be re-issued as many times as it takes to get it served properly.

Although in Illinois, summons has to be served within 2 years of the initial filing date, or the case will be dismissed for want of prosecution -- but the creditor can re-file a new case when they obtain your correct whereabouts.

Generally when the initial summons (or an alias) is returned as not served, the plaintiff will try to find your new whereabouts and then go get an alias to re-serve. They may also hire a private detective (process server) to serve the summons. You can imagine that serving summons is not something a sheriff enjoys much, so they put little effort into it -- (they may ring the doorbell once, and then leave). Since process servers make a living by doing just that, they tend to be more diligent about actually finding you and may employ creative methods to fulfill their task (ever see the movie Pineapple Express?)

If traditional service is unsuccessful, a plaintiff may use alternative methods of service. Some RCP's allow service by publication (they publish notice in the newspaper). Some locales allow service by certified mail. In some cases if the creditor can prove that you live at a particular dwelling, yet are concealing yourself for the purpose of evading summons, a judge may let them serve by posting (simply posting the notice on your door).

I have a tenant in my building who came with the building, and was suppose to move out at the end of the month. She does not want to move, I following the eviction procedure for Illinois, and the tenant is dodging the all certified mail, and has dodged the server. I going to court on 12/1/2010, hear that the judge will issue a alias summon what does tha mean for a person who just simply want the tenant to move. I am not seeking any monetary value, but just need th tenant to move. I am going to court on 12/1/10 but if she did not get served what happen if she is not served the alias summon, HELP!

Putting money in escrow doesn't stop the landlord. all he has to do is give you a 30 day notice and you have not a leg to stand on. if you want him to fix it you can ask him to fix it or you can move out after giving reasonable notice and taking pictures of the items you challenge are wrong. however, putting money in escrow will not stop an eviction process.