Can't locate address. Can I get a subpoena? Please help!

[beyondweb]

What is the name of your state? California

To make a long story short:

We hired a drywall contractor (who came highly recommended) who did a poor job. We've had several other drywall contractors confirm how badly done it is. Unfortunately, we paid him 3/4 of his bid because he promised to return to fix the problems and then receive his remaining 1/4. Now, he refuses to fix it or refund the money.

Turn out that he's not licensed and he doesn't have workers comp either (to cover his 4 man crew). In CA, this is illegal for jobs over $500 and this job was over $500. (I only learned this after researching what to do and how to get my money back from this guy. We're only hiring licensed contractors from now on!)

All I have is his name (might be fake) and his Cingular cell phone number. (I also have his written bid sent to me by email.) How do I get a judge to subpoena Cingular for his real name and address so that I can file a small claims suit?

 

[JETX]

How do I get a judge to subpoena Cingular for his real name and address so that I can file a small claims suit?

You can't. You will have to file a 'John Doe' suit then use the lawsuit to gain subpoena 'power'. The problem is... you can't do that in small claims. I suggest you talk with a local attorney to determine your options.... or a PI to try to get his contact information.

Question... Why would contract with, and PAY, someone you don't know and have NO idea how to contact??

 

[bononos]

"We hired a drywall contractor (who came highly recommended) who did a poor job. "

Who recommended him?
I am going to go out on a limb and guess "highly" recommended means more than one person recommended him.
Why not ask them to get more info. on him.
Maybe they have billing, address, etc..

 

[cjbrown929]

drywall problems

This is not law advice, but advice that may help you track down the drywall guy. Type in "ZABA" (search) on google, then type in his name. Look for anything close. Obviously, it would help if he had an unusual name. ZABA is a truly extraordinary way to locate just about anybody you want to find. I located people I haven't heard from since high school (30 years ago). If he's using a totally fake name, you'll only lose a couple of minutes of your time. If you can get his real name from the people who recommended him, though, you stand a good chance of getting an address, or some way to track him. Did I mention that ZABA is FREE? I came across it while trying to hunt down my ex to serve some papers..One last thing- if you know his age, this can be helpful, because many of the results will list a birth year. Good luck!