What is the name of your state (only U.S. law)?Tx
I have a small claims case coming up next month where there is a strong possibility that the person directly involved in this case will not be present... but their father will.
It's a car accident case where the person involved is named John Doe Jr.. In my dealings with their insurance company, the person has always simply been named John Doe, not John Doe Jr.. "Jr" has never been specified. I even have a document that simply refers to the party as "John Doe".
I filed the case to be served to the address that the insurance companies have on file for the other party involved, even though I can't personally verify whether Jr. currently resides at that address or not. Bottom line is that address if the one the insurance company has on file for the party involved.
John Doe Sr. is the one who gave a reply statement to the court which I received in the mail recently. It sounds like he doesn't know anything about the accident or at least could not recall it at the time of his writing the statement. I must say that the accident did happen nearly two years prior to me filing the case and it was only a light fender bender. This case had went to arbitration and they were awarded 70% of their damages. Maybe since it was such a minor situation that he had the son or wife take care of it and can't recall it. OR maybe the son took care of it through the insurance company somehow by himself without the dad ever knowing. In either case, it sounds like the dad is clueless about the situation so I don't know what to expect. Maybe he has pieced it together at this point and will bring the son, but what if he doesn't?
Does it NOT matter that the actual party involved in an accident case is not present as long as the insurance policy holder is there? Can I win by default if Jr. is not there? Assuming I win, what is the first thing I should do to start the process of collecting before the other party even leaves the courthouse?
I have a small claims case coming up next month where there is a strong possibility that the person directly involved in this case will not be present... but their father will.
It's a car accident case where the person involved is named John Doe Jr.. In my dealings with their insurance company, the person has always simply been named John Doe, not John Doe Jr.. "Jr" has never been specified. I even have a document that simply refers to the party as "John Doe".
I filed the case to be served to the address that the insurance companies have on file for the other party involved, even though I can't personally verify whether Jr. currently resides at that address or not. Bottom line is that address if the one the insurance company has on file for the party involved.
John Doe Sr. is the one who gave a reply statement to the court which I received in the mail recently. It sounds like he doesn't know anything about the accident or at least could not recall it at the time of his writing the statement. I must say that the accident did happen nearly two years prior to me filing the case and it was only a light fender bender. This case had went to arbitration and they were awarded 70% of their damages. Maybe since it was such a minor situation that he had the son or wife take care of it and can't recall it. OR maybe the son took care of it through the insurance company somehow by himself without the dad ever knowing. In either case, it sounds like the dad is clueless about the situation so I don't know what to expect. Maybe he has pieced it together at this point and will bring the son, but what if he doesn't?
Does it NOT matter that the actual party involved in an accident case is not present as long as the insurance policy holder is there? Can I win by default if Jr. is not there? Assuming I win, what is the first thing I should do to start the process of collecting before the other party even leaves the courthouse?