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  1. #1
    Join Date
    Oct 2009
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    1

    Default Alias Summons Received

    My question involves small claims court in the state of: Indiana

    I live in California now, but my parents received an Alias Summons attached to their doorknob with a rubberband at their home in Indiana.

    The Summons is for payment on a Credit Card.

    I was just wondering what the best way for me to go about this would be.

    Do I not have to be served in person? Is it legal to place on parents doorknob?

    I plan on paying this off, should I contact the Attorney for Plaintiff directly and try to work out payment with them? Or should I contact the courts in my hometown in Indiana?

    Thanks for any help!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Alias Summons Received

    You are likely being served in that manner because the creditor was not able to serve you by conventional means, and thus obtained a court order to use substituted service. If that's the case, it's not likely to do you much good to later claim that you weren't served - the judge will have fashioned this as a mechanism to effect service upon you despite the creditor's not knowing your exact whereabouts and... you did in fact receive notice of the pending litigation, even if through your parents.

    If you wish to work out a resolution of the case, I suggest contacting plaintiff's counsel. The court can't do that for you. Note, get any agreement you reach reduced to writing. If it were me I would try to negotiate a lump sum payment, ideally at a discount from what is claimed, in return for a dismissal with prejudice; but they may not agree to that, you may not be able to swing the lump sum, or you may have other goals in mind.

  3. #3

    Default Re: Alias Summons Received

    Quote Quoting sjbllr1515
    View Post
    My question involves small claims court in the state of: Indiana

    Do I not have to be served in person? Is it legal to place on parents doorknob?

    Quote Quoting Mr. Knowitall
    View Post
    You are likely being served in that manner because the creditor was not able to serve you by conventional means, and thus obtained a court order to use substituted service.

    If you wish to work out a resolution of the case, I suggest contacting plaintiff's counsel. The court can't do that for you. Note, get any agreement you reach reduced to writing. If it were me I would try to negotiate a lump sum payment, ideally at a discount from what is claimed, in return for a dismissal with prejudice; but they may not agree to that, you may not be able to swing the lump sum, or you may have other goals in mind.
    I came across this posting looking for advice on Indiana court summons. My husband is being sued for a medical bill from earlier this year. Being a fairly new resident to Indiana, I am bit baffled by the procedures here. When we got the bill for his CT scan I called the hospital to make arrangements. First they said no. When I called a second time they would accept 150.00 a month which we couldnt afford. A month ago I received a letter in the mail from an attorney. It was very unprofessional as it was on green paper and poorly written. It did state this person would look into a judgement. I contacted the attorney. He chewed on his lunch in my ear while we spoke or when I spoke as I did most of the talking. I asked if we could work out arrangements and his reply was "yep...whatever." He never asked my name or what bill it was regarding. I asked if this arrangement on the bill could be put in writing and he laughed and said, "I am far too busy for that. I handle tons of these everyday. You will just have to trust me." I replied that I wanted it in writing anyway and he said, "look..I don't care. Pay it or don't pay it." He then hung up. I was stunned and seriously started to doubt he was legit. My husband didn't want to blindly send this guy money so we waited.

    A few days ago upon returning from a walk I noticed a flyer or so I thought laying on the porch. It had a rubber band around it. I almost tossed it thinking it was junk mail and was astonished to realize it was court summons! I have no idea when it was served but it had a stamped date of November 10th. I noticed it on the porch November 12th. The court date which is barely legible is set for Dec. 7th. So, I need to know what could possibily happen to us? My husband thought about contacting this attorney again but I feel this attorney will give us the same run around. I do not feel comfortable sending payments to this guy with nothing in writing. I have never been sued before so I'm a little unsure how these things go.

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