Legal Question in Credit and Debt Law in Illinois
Alias Summons
My sister received an alias summons with my name to her home which is not where I reside. The server told her that there was a warrant for my arrest. I called the law firm that filed suit and arrange to pay the credit card debt in full. Will I still need to appear in court on the scheduled date? Do I need to send a letter in writing my intent to pay the full balance? What happens to the warrant of arrest? Was there ever a warrant or was it a threatening tactic to collect a debt? If so, isn't that a form of harrassment?
1 Answer from Attorneys
Re: Alias Summons
There would be no warrant for arrest attached to an alias summons. An alias summons was merely issued because they were not able to serve you with the first summons. The only way you get arrested in a collections case is if ALL of the following occurs:
1. A judgment is entered against you.
2. A Citation to Discover Assets is properly served on you by personal service or certified mail (not picking up certified mail when you've already been served in the case is not going to be a defense against service for this in Illinois).
3. You fail to appear at the Citation to Discover Assets, so a Rule to Show cause is Issued.
4. You are served PERSONALLY with the Rule to Show Cause (regardless of how the Citation is served on you)
5. You fail to appear at the Rule to Show cause hearing, so a Body Attachment (aka warrant) is issued. A bond amount will be specified on this body attachment, and payment of said bond releases you after arrest.
If all of the above hasn't happened, then you have nothing to worry about as far as being arrested. Based on what you have said, they haven't even gotten a judgment against you. If you pay them in full, they SHOULD dismiss the case with prejudice (as in they can't sue you again for the same matter) at the court date.
If you have any other questions, I'd be happy to help.