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In a small claim court, I guess you have to fill out the defendant's information. However, if you don't know where are they staying now except for their phone # & they changed it, what can you do? If you pursue with your lawsuit anyway & that person never receive the court notice or whatever, then what will happen? Will that still show on their record?

2007-01-05 10:43:50 · 6 answers · asked by TicTac 1 in Politics & Government Law & Ethics

6 answers

maybe a little difficult without the address. try an online search for the person's new address. it maybe cheaper than a
'private i"

2007-01-05 10:52:09 · answer #1 · answered by ? 6 · 0 0

You can still sue and you can win, although if you cannot find them collecting a judgment is difficult. On the Court paperwork, put "unknown" for address. Make a effort to find them. File a motion in Court asking for permission to serve them by publication. The Motion needs to detail what you have done to find them. The Judge will give you an Order to publish a "Notice of Pendancy of Suit" in the local newspaper. You publish the notice and then, assuming they don't answer, you obtain a judgment by default. Ok, now, how do you collect the judgment? If you have any idea where they might be, you record a copy of the judgment with the County Clerk (your state may call this person the "County Recorder.") You record that judgment everywhere you think they might be. In my state it costs $9.00 to record it. Then if they ever try to buy or sell any property, they can't do it without paying off the judgment. and-btw-the judgment accrues interest. In my state the interest rate on judgments is 8.75%.

2007-01-05 11:03:53 · answer #2 · answered by David M 7 · 0 0

In some jurisdictions if you can show you have made an effort to track down the person then they will allow you to proceed with your claim. Be aware that if you cant find them now then you are unlikely to find them later.

Send all the correspondance to their last known registered address. ie the one on the electorol roll and that will be proof enough of attempt to serve.

If you have the win in court after a period of time you will be able to register the non payment with a credit recording company so when these people go for a loan they will be knocked back until you are paid.

Its really up to you, this is going to take time and cost you some dough, and it is only a small claim. How small and is it really worth it?.

Sometimes we are best of putting it down to eperience , ragardless of how hurt or piiised off we are .............and move on.

2007-01-05 10:56:28 · answer #3 · answered by Anonymous · 0 0

hire a private investigator. in civil suits, you have to have the correct information on whom you're suing.

2007-01-05 10:48:41 · answer #4 · answered by arus.geo 7 · 0 0

oo yes u can im pursuing in a career in law.

2007-01-05 10:52:56 · answer #5 · answered by cow_lvr34 1 · 0 0

as long as you have their name someone should be able to get to them somehow.

2007-01-05 10:55:44 · answer #6 · answered by Venessa B 3 · 0 0

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