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Jdf 256 2001-2024 Form
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FAQs
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I need to sue someone in small claims court. How do I find out someone's address if all I have is their name and bank account number?
Why do you need their address? Is it for service purposes? For privacy and anti-stalking reasons, you're not likely to get the person's address from a third party (e.g. bank, etc). Depending on your state's rules, you can probably just serve the person in person (meaning you don't need to know their address) instead of mailing it to them. Most people have used their address in some way in interacting with the public (e.g. Registrar of Voters, etc) so that's one way. Hiring a private investigator is one way too. I've done that and it does work, but it can be very expensive. Jon's point is a good one -- you do need to make sure the defendant has assets upon which you can collect. It depends on the state, but most collections laws are written so that it is exceptionally difficult for the average person to be completely exempt. Most prevailing plaintiffs in small claims court I've seen are so glad they win that they never bother collecting at all. I do quite a bit of collections work and the debtors are often surprised that I found them. Most pay up really quickly after that. Andy -
I need to sue someone in small claims court but all I have is their cell phone number and their name. How can I find out their address?
I would suggest (as several cheaper alternatives):Entering their name and cell phone on Google. You'd be surprised what a Google search can turn up.If they live in the same city/county as you (or a nearby one) I would suggest going to the Clerk of Courts office in your area and looking them up either using their last name or their cell phone. This service is almost always free and it might bring you additional information that you didn’t consider. If they live in a different county/state, it might harder, but it still can be accomplished.If this person has ripped off a number of people (I assume that this is the reason that you are seeking to sue him/her) I would suggest putting an ad online on craigslist.org,oodle.com or backpage.com. These are free ads and they might be the source of some excellent information. -
If I file a small claims against someone in another state, must I go to court in that other state?
Small claims will not award travel expense and typically will only include filing fee and service of process. In California s loosing Defendant but not s loosing plaintiff has the right of appeal which is a new trial in Superior Court and either party can have legal counsel. That means you'd have to do the whole thing again. And consider that collecting a judgment can be as confounding as obtaining one. In the future, consider Terms that call for disputes to be resolved where you are and authorizes legal fees in a dispute. Even that can be problematic. The legal system does not scale well to smallish collection. Cheers! -
How do I file a small claim against someone in another state?
if the tort (civil wrong happened in the other state, You would need to file in the state were the person is and go there for the trial. With most courts you can download forms ad filing instructions online and file them either electronically or by mail with a stamped self-addressed envelope.you’ll also need to pay a process server to serve them on the defendant.if the tort happened in your state you file in your state and have the papers served on the defendant by a professional process server or the sheriff. The defendant has subjected himself to the jurisdiction of your state if he or she physically visited the state or did business with someone there.Google small claims court in the state where you intend to file for forms and information. Good luck to you. -
How do I file a small claim in small claims court if the person is in another state.?
No different. You have that person served with the court papers telling them of the court date you were issued for your complaint.Be aware, the result will probably be that they don’t show up and you get a default judgement. And that judgement will demand that the defendant pay you. And they they won’t.Without that person actually being in the jurisdiction of your court, there really isn’t anyway to get that money if they refuse to pay. But you can still take them to court and have a piece of paper demanding that they pay you. Sometimes the moral win is enough reason to spend a few hundred on having them served with court papers. -
Is there a small claims court PDF for California that can be Filled out and Saved online or downloaded?
I believe you are asking whether forms required for small claims actions are available online.The answer is "yes" - start at http://www.courts.ca.gov/selfhel... and follow links from there.
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