Legal Question in Personal Injury in California

in order to take someone to small claims court do i need an address of the other person to start the process if all i have is a phone number. And i don't know there real name. Because it shows a place for a address is it absolutely necessay to have a address in order to file anything?

Can't i just write the name i have?_


Asked on 11/28/10, 12:36 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The problem is that you have to have someone else serve a copy of your claim on the defendant. How will you do so if you don't know his/her name or address? You might have to invest in hiring an investigator to get the details before you file the lawsuit.

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Answered on 12/03/10, 12:53 pm
George Shers Law Offices of Georges H. Shers

Someone asked this same question about 4-6 weeks ago. The answer does not change. The clerk will probably refuse to accept the filing if not all the boxes are filled out. Even if you get past that, when you appear in court the judge will ask if the defendant has been served; if not, the case will be continued to a new date, asnd on that date it may be dismissed for lack of service. You can not get a judgment against some one who has not been served with the complaint. Why waste the filing fee and your time in suing before you know who the defendant is and their address. Did you try using the reverse directory as I suggested to tie the phone number to a person? Did you call the number and without revealing who you actually are try to get information from them?

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Answered on 12/03/10, 1:39 pm


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