Full question:
Can i be arrested if i don't answer a alias summons regarding civil matter.
- Category: Criminal
- Subcategory: Warrants
- Date:
- State: Illinois
Answer:
Yes, it is possible, especially if they get a default judgment and you fail to pay it. Typically, the way to avoid a writ of bodily attachment is to appear, or have an attorney appear on your behalf, in court and pay the amount owed. It may be possible to file a motion to vacate default judgment or motion in opposition to the issuance of the writ. The law that applies will depend on all the circumstances, such as whether the court has jurisdiction, whether you were properly served, etc. We suggest you contact a local legal aid office who can review all the facts and documents involved.
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. In some cases you can vacate a default judgment, which essentially gives you another chance to present your case before a judge. To vacate a default judgment, you will need to file a "Motion to Vacate Judgment" with the clerk of the appropriate court. You must have a good reason for not being able to attend the hearing, such as not being properly served. A supporting affidavit may be attached to the motion. If the plaintiff was aware that the address where the complaint was served was no longer valid, evidence of such knowledge may be presented. You may also request a stay against garnishment.
If the plaintiff:
(1) serves notice with the clerk or judge within seventy-two (72) hours that the plaintiff:
(A) intends to appeal from the judgment; and
(B) will file a bond, approved by the court; and
(2) files an appeal, as provided by law, within sixty (60) days from the date of the judgment;
the attachment or any bond given to release the property or thing attached shall not be discharged, and the attached property or proceeds from the property shall not be returned to the defendant until final disposition of such action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
