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  1. #1
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    May 2011
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    Default Still Haven't Been Served After 3 Months - Now Alias Summons

    My question involves an injury that occurred in the state of: Missouri

    Long story short, in 2009, I was in an at-fault accident. Fast forward to February 2011, and a process server shows up at my parents house (where I lived at the time of the accident) and tries to serve me, but they tell them I no longer live there, which is true, and that was that. They still haven't attempted to serve me again. I still live in the same city (about 20 minutes away from their house), my name is in the phone book, I have an extremely uncommon last name (It's not like they're searching for a John Smith - I'm probably the only person in the country and quite possibly the world with my name) and I can find my current address on Google in 5 seconds flat. I also work at the same place I worked at the time of the accident, so they have that too. I'm not hiding from them, or trying to dodge them, or anything.

    My insurance adjuster handling the case advised me to do nothing, that it's their job to find me and I shouldn't do anything to make it easier for them, and I agree, if they don't know how to use the white pages or internet, that's not my problem.

    Now I just checked the docket on Missouri CaseNet, and on April 4, an alias summons was issued. What exactly is an alias summons, and what does that mean for me? It's been 6 weeks after that alias summons was issued, and still nothing. Like I said, I'm not trying to dodge them thinking it will go away - I'll answer the summons when they serve me, but I don't feel I need to make what should be an easy job even easier for them.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Still Haven't Been Served After 3 Months - Now Alias Summons

    I really don't understand it but it appears it allows a trial in absentia. It is very strange.

    http://law.justia.com/codes/missouri...350000030.html

  3. #3
    Join Date
    Jul 2011
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    Default Re: Still Haven't Been Served After 3 Months - Now Alias Summons

    Quote Quoting jk
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    I really don't understand it but it appears it allows a trial in absentia. It is very strange.

    http://law.justia.com/codes/missouri...350000030.html

    the link you cited is for evictions- not a general lawsuit. alias is a legal term for
    "second" and to my knowledge and research thats all it means.

  4. #4
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    Jan 2006
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    Default Re: Still Haven't Been Served After 3 Months - Now Alias Summons

    well, it's nice that you registered just to correct me.

    Just kidding. You seem to be correct. I missed that in the heading.

    and upon further research, it would appear you would be correct on the alias definition. It is merely a second summons being issued if the first summons was not able to be served for whatever reason.

  5. #5
    Join Date
    Jul 2011
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    Default Re: Still Haven't Been Served After 3 Months - Now Alias Summons

    Your right- lol- i did register just to make that post. I have been unable to get a detailed definition- especially if the process server is unable to serve it in person to the defendant in person. I am speaking to my attorney on Tuesday and will find out and report back.

  6. #6
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    Default Re: Still Haven't Been Served After 3 Months - Now Alias Summons

    Quote Quoting neuticles
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    Your right- lol- i did register just to make that post. I have been unable to get a detailed definition- especially if the process server is unable to serve it in person to the defendant in person. I am speaking to my attorney on Tuesday and will find out and report back.
    I would have to look to find it again but the statement I read stated simply that if it was determined the first summons could not be served, by whatever means allowed and it was abandoned, if the plaintiff wishes to attempt to have the person served, they would issue an alias summons. It is no different than the original summons but for some reason they call it an alias summons.

  7. #7
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    Jul 2011
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    Default Re: Still Haven't Been Served After 3 Months - Now Alias Summons

    Quote Quoting jk
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    I would have to look to find it again but the statement I read stated simply that if it was determined the first summons could not be served, by whatever means allowed and it was abandoned, if the plaintiff wishes to attempt to have the person served, they would issue an alias summons. It is no different than the original summons but for some reason they call it an alias summons.


    I spoke to an attorney yesterday and he said the difference with an alias summons is the process server can serve it anywhere- meaning he or she can follow you anywhere you go to make the serve. The non alias summons is restricted to your place of residence (or the address the plantiff provides in the lawsuit). So- watch the rear view
    mirror and keep a full tank of gas !!!

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: Still Haven't Been Served After 3 Months - Now Alias Summons

    Quote Quoting neuticles
    View Post
    I spoke to an attorney yesterday and he said the difference with an alias summons is the process server can serve it anywhere- meaning he or she can follow you anywhere you go to make the serve. The non alias summons is restricted to your place of residence (or the address the plantiff provides in the lawsuit). So- watch the rear view
    mirror and keep a full tank of gas !!!
    thanks for the added info.

    The OP does not appear to be dodging the service so maybe this will mean they will finally be served and the situation can be brought to a resolution.

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