What is an alias summons?

An alias summons, also known as a second summons or a substitute summons, is a legal document that is issued by a court when a plaintiff has been unsuccessful in serving the original summons to the defendant. The purpose of the alias summons is to give the plaintiff another chance to properly serve the defendant with the original summons, providing a new deadline for the defendant to respond to the case.

When a plaintiff files a lawsuit, they are required to serve the defendant with a summons, which notifies the defendant of the lawsuit and provides them with a deadline to respond. However, if the defendant cannot be located or does not respond to the original summons, the court may issue an alias summons, which can be served in the same manner as the original summons.

The main difference between the original summons and the alias summons is the expiration date. The alias summons provides a new deadline for the defendant to respond to the lawsuit, since the deadline in the original summons may have already passed.

It is important for plaintiffs to be diligent in their attempts to serve the defendant with the original summons, as failure to do so could result in the case being dismissed. However, if the defendant is properly served with the alias summons and fails to respond, the plaintiff may be able to obtain a default judgment in their favor.