logo

Debtconsolidationcare.com - the USA consumer forum

Alias Summons

Date: Tue, 08/04/2009 - 10:07

Submitted by anonymous
on Tue, 08/04/2009 - 10:07

Posts: 202330 Credits: [Donate]

Total Replies: 2


I have been told that an Alias Summons from a law firm representing Capital One Bank was left for me at a previous address in Illinois. I have since moved to Pennsylvania. What will happen if the person who received the Alias Summons in my name returns it to the Circuit Court of Cook County, Illinois marked "Alias Not Served"?


If you get a default judgement against you, you will be able to have it overturned for Improper Venue because they have to serve you in the County or District in which you presently live.

Of course, the ethical thing to do (because you *know* about the summons) is contact your local county civil court and file a Motion to Transfer Venue to your present location or you can file a Motion to Dismiss Due to Improper Venue.

That person can also return it with a note "Moved: Left no Forwarding Address", but they will catch up with you sooner or later, but that law firm just *may* be not licensed to practice law in PA, so that may delay things a bit - but be rest assured that they (or another law firm) will come right back and file again in the proper venue.


lrhall41

Submitted by Chrys Henderson on Wed, 08/05/2009 - 02:25

( Posts: 2538 | Credits: )