filing in small claims

[katiekate32]

What is the name of your state (only U.S. law)? FL

Here is the question....if I really don't know the new address of the ex-tenant, can I just go ahead and file using the old address? They moved out 2 weeks ago but I don't know where.

Obviously, they will never get the court documents so won't show up ... but...then how can I collect?

I don't have a SSNO for them. (I know..dumb). How can I get it? Do I need it to get a judgement?

Next, can I use a work address? Even though I know the work address will not accept private mail for anyone there.

 

[Mass_Shyster]

Have the sheriff serve them at work.

 

[katiekate32]

ok... I guess I need to add more info

Forget work. it isn't going to work to try to serve them there. I can explain if I must..but..trust me on this.. they are not employed there, so they are not going accept mail or service for someone who may or may not even be there at any particular point in time.

So..to come back to the question... can I list the address where they were 2 weeks ago? even though I know they aren't there... is there a problem with proceeding with it that way any way?

And.. because they will not show up ..I know I will win.. how do I get their SSNO somehow so I can report it to their credit and/or turn it over to collection?

 

[Antigone*]

Forget work. it isn't going to work to try to serve them there. I can explain if I must..but..trust me on this.. they are not employed there, so they are not going accept mail or service for someone who may or may not even be there at any particular point in time.

So..to come back to the question... can I list the address where they were 2 weeks ago? even though I know they aren't there... is there a problem with proceeding with it that way any way?

And.. because they will not show up ..I know I will win.. how do I get their SSNO somehow so I can report it to their credit and/or turn it over to collection?

You know they won't be properly served. If they cannot be properly served, you will not prevail. You need to find them or forget it.

 

[katiekate32]

properly served

How is it that I would not prevail if they don't even know because they didn't give me a new address?

I want to understand the logistics. Please..just the facts.

Fact..the mail comes to their last known address. I see it arrive.
Fact..I go to court..they do not.
Fact..I win (they lose by default).

which of those facts do I have wrong?

then..how do I get the SSNO to file on credit report?

(oh..other fact is..they really do owe me the money and are doing their best to skip out on me)

 

[Antigone*]

How is it that I would not prevail if they don't even know because they didn't give me a new address?

I want to understand the logistics. Please..just the facts.

Fact..the mail comes to their last known address. I see it arrive.
Fact..I go to court..they do not.
Fact..I win (they lose by default).

which of those facts do I have wrong?

then..how do I get the SSNO to file on credit report?

If the other party cannot be properly served, the court cannot and will not render a decision. No service, no decision.

 

[Silverplum]

How is it that I would not prevail if they don't even know because they didn't give me a new address?

I want to understand the logistics. Please..just the facts.

Fact..the mail comes to their last known address. I see it arrive.
Fact..I go to court..they do not.
Fact..I win (they lose by default).

which of those facts do I have wrong?

then..how do I get the SSNO to file on credit report?

(oh..other fact is..they really do owe me the money and are doing their best to skip out on me)

You want the facts?

http://www.flcourts.org/gen_public/family/self_help/smallclaims.shtml

 

[katiekate32]

aahhhh

That is exactly what I was trying to learn when I posted this the first time.

OK...so it must be signed for when it is received.
That sounds like even if you had their real address...they can still duck out just by refusing to sign for the mail.

hummm

sounds like the court systems is designed by the advocate for the deadbeat

 

[Zigner]

That is exactly what I was trying to learn when I posted this the first time.

OK...so it must be signed for when it is received.
That sounds like even if you had their real address...they can still duck out just by refusing to sign for the mail.

hummm

sounds like the court systems is designed by the advocate for the deadbeat

No, it's designed to allow everybody their day in court. It's not designed to allow someone to sneak in to court and obtain a judgement behind someone elses back.

 

[Antigone*]

That is exactly what I was trying to learn when I posted this the first time.

OK...so it must be signed for when it is received.
That sounds like even if you had their real address...they can still duck out just by refusing to sign for the mail.

hummm

sounds like the court systems is designed by the advocate for the deadbeat

Nope, sounds like the court system is designed to be fair to all parties involved.