Legal Definitions - alias summons

An alias summons is a second or subsequent official court document issued to notify a person (the defendant) that a lawsuit has been filed against them. It is issued when the initial summons, which is the first attempt to officially inform the defendant of the lawsuit, could not be successfully delivered or "served." The purpose of an alias summons is to allow the plaintiff (the person who filed the lawsuit) another opportunity to properly notify the defendant of the legal action against them, ensuring due process is followed.

• Example 1: Unpaid Rent Lawsuit

  A landlord files a lawsuit against a former tenant for unpaid rent and property damages. The initial summons is mailed to the tenant's last known residential address, but it is returned by the postal service marked "Undeliverable - Moved, No Forwarding Address." To continue the lawsuit, the landlord must ensure the tenant is properly notified. The court then issues an alias summons, allowing the landlord's attorney to attempt service again, perhaps by hiring a private process server to locate and deliver the document to the tenant's new address or workplace. This new summons is necessary because the first attempt failed to legally inform the tenant of the lawsuit.

• Example 2: Car Accident Claim

  Following a car accident, a plaintiff sues the driver responsible for the collision. A process server attempts to deliver the initial summons to the defendant's home on several occasions but is unable to make contact, as the defendant is frequently traveling for work and the house appears vacant. After these unsuccessful attempts, the plaintiff requests and the court issues an alias summons. This allows the process server to make further attempts, perhaps at a different time of day, on a weekend, or at a newly discovered business address, ensuring the defendant eventually receives official notice of the lawsuit.