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Motion For Issuance of Alias Summons1

The plaintiff filed an ex-parte motion requesting the court to issue an alias summons for service by the court's process server. The original summons sent to the clerk of court of YYY municipality was not returned as served on the defendant. As service of the original summons could not be validated, the plaintiff asked the court to issue a new summons and order its personal service by the court's process server to ensure prompt and valid notice to the defendant of the small claims case.

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Samuel Corpuz
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691 views1 page

Motion For Issuance of Alias Summons1

The plaintiff filed an ex-parte motion requesting the court to issue an alias summons for service by the court's process server. The original summons sent to the clerk of court of YYY municipality was not returned as served on the defendant. As service of the original summons could not be validated, the plaintiff asked the court to issue a new summons and order its personal service by the court's process server to ensure prompt and valid notice to the defendant of the small claims case.

Uploaded by

Samuel Corpuz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT


Second Judicial Region

AAA
Plaintiff,
-versus- SMALL CLAIMS NO. 205

BBB
Defendant.
x------------------- x
EX-PARTE MOTION FOR ISSUANCE
OF ALIAS SUMMONS

COMES NOW, the Plaintiff, and unto this Honorable


Court, most respectfully alleges the following:

1. That copies of the Statement of Claims, summons and


notice of hearing were sent to the Clerk of Court of YYY
for service to the defendant;
2. To date however, no return of service of summons has
been submitted by the Clerk of Court of YYY despite
directive from the Honorable Court thru its Order dated
February 13, 2018, thus the plaintiff is of the impression
that the summons has not been validly served;
3. It is likewise imperative to have the service of the alias
summons be effected by the Process Server of the
Honorable Court to ensure prompt and valid service of
said summons, hence this Motion.

WHEREFORE, premises considered, it is most respectfully


prayed of the Honorable Court to issue an Alias Summons and
order its personal service by the Process Server of this Court
to the defendant at the expense of the plaintiff;

Other reliefs just and equitable under the premises are


likewise prayed for.

XXX, July13, 2018.

AAA
Plaintiff

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