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want to sue but don't know defendants address

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juntjoo

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

... which I'm assuming I need no? if so and I cannot locate such person, can I still take them to court?
 


FlyingRon

Senior Member
In order to take the to small claims court you need to serve the either by personal service by the police or disinterested adult or by certitfied/return receipt mail. All of these are going to be impossible if you don't know where he either is physically or where he resides.
 

juntjoo

Member
okay, so u just need an address to send the notice to the defendant? I know where his legal address will be til the end of the month, so I guess I will have to get it sent to him by then then.

but what happens if he doesn't respond? do I win automatically? and if so, and this guy doesnt pay, under what circumstances can I have his wages garnished or collect his vehicle, or a portion of it? because I would be able to tell you now that he won't voluntarily pay. thanks!
 

Antigone*

Senior Member
okay, so u just need an address to send the notice to the defendant? I know where his legal address will be til the end of the month, so I guess I will have to get it sent to him by then then.

but what happens if he doesn't respond? do I win automatically? and if so, and this guy doesnt pay, under what circumstances can I have his wages garnished or collect his vehicle, or a portion of it? because I would be able to tell you now that he won't voluntarily pay. thanks!
The defendent has to be properly served. Proper service entails more than just sending a notice to the defendent's last known address.

Worry about collecting after you win. You live in Florida which is a very debtor friendly state so this won't be easy.
 

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