Legal Question in Legal Ethics in California

I would like to take someone to small claims, but I do not have a current address. I have already tried to get a forwarding address from the post office, but there was not one available. How do I go forward filing a complaint if I cannot obtain a current address?


Asked on 10/06/09, 11:17 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

First, you should keep in mind the statute of limitation for your type of claim. If there's still time to file a lawsuit, use that time to locate the defendant. If the name isn't all that common, you might use one of those search websites to try to find the person. Sometimes, it is necessary to hire a private investigator. If you file a lawsuit, you would need to have the person's address or, after exercising diligence and still can't locate it, you could petition the court to publish. However, then if you win, you'd still have trouble trying to collect on a judgment.

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Answered on 10/07/09, 5:15 am


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