How to research correct name, spelling, address of a person you will file aganist?

[justsomeguy]

What is the name of your state? TX

I'm going to be filing a lawsuit against an individual. I have written them checks that they've cashed and I have what I believe to be their correct home address.

It's listed in the white pages, and the listed phone rings to their house.

Is there any additional research I need to do to be certain I have the right information for the process server?

 

[dcatz]

That may be sufficient information for the process server, but it’s prudent to provide any additional address(es), if appropriate – e.g. business and residence, if different.

Equally, if not more important is to designate the defendant in any and all ways that assets may be held, from real property to a bank account in a fictitious business name – e.g.
“John Jones aka John J. Jonz, Jr. dba Acme Sales fdba Acme Exclusive Sales".
aka = also known as
dba = doing business as
fdba = formerly doing business as, or
fna = formerly known as

Fictitious business names are commonly registered in the county where the business is located
Corporate designations, if applicable, are commonly listed on the web site for your Secretary of State.

Failure to properly designate the defendant(s) can mean a judgment that’s not enforceable, because there are no associated assets.

Failure to properly designate the defendant(s) can mean returning to court to ask that the judgment be amended, because the defendant(s) were not named properly in the first place.

 

[justsomeguy]

Thanks dcatz, I appreciate the reply.

I understand that all the information that you listed is nessasary, but what I don't know is how to obtain it the correct information.

I don't think this person has a DBA because she is doing business as "Her Name Designs". I don't think you need a DBA for your own name, unless I'm mistakin? Also all checks were written to her personally.

What about other things, are there public records I can check out to make sure I have her correct full legal name, correct address? Can I research the address that is on file for her with the city, county?

Any ideas?

 

[dcatz]

I don't think you need a DBA for your own name, unless I'm mistakin?

If I were a betting man, I'd give even odds that you're wrong about the name, but I don't know what "Her Name" replaces - first name, last name, whole name - and it doesn't matter. If you do judgment recovery, you check. If your defendant, Jane Doe, deposits checks into an account denominated "Janie's Designs" and it is a dba, the chances are good that you can't find it and you can't reach it with your judgment.

It's up to you how hard you try. I can only tell you that it's easier and certainly less expensive and time consuming to get your judgment right in the first place than to try to fix it after the fact. Details aren't important, but i will say that I am presently "fixing" two judgments taken by two plaintiffs. They too had a chavalier attitude and ended up with judgments flawed to the point that the designated judgment debtors did not exist. Useless and worthless.

I have no vested interest in persuading you. Your original question was "Is there any additional research I need to do", and I gave you my advice. The numerous resources to do this kind of investigation would not exist, if someone didn't think it was warranted.