Case is already filed Small Claims
Hired a process server but he could not locate defendant with skip trace
Wrote the postmaster for change of address for defendant but no response
Looked online with her name information from driver's license/ insurance slip etc... nothing found
Defendant's insurance co would not release her address bc defendant would not allow it.
Defendant at incident did not give me her current address, defendant is hiding away it seems.
The short answer is yes you can subpoena it. When you do so, they InsurCo is required to provide the info to the court. At the court date set for trial, they will ask why service had not been completed. Advise that the InsurCo was to send the contact details.
Also, keep track of money you spend and receipts. If you ever get the person into court, you can claim these expenses as a cost of suit.
Otherwise, complete the actions my colleagues have recommended.
If you have further questions, be sure to speak with a lawyer that knows about Small Claims.
-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.smallclaimsappeals.com [email protected] This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.
Short answer - you can get the address of the driver if you have their license plate number; I also believe that you can use their CA driver's license number. Go to the DMV's website and you can find the proper forms. However, there is a fee - it costs about $30 to get this information. The only other option would be to hire a private investigator. Good luck.
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I agree with Mr. Catalano. If you want to hire an investigator contact Dietz & Associates in San Jose. Greg Dietz is great at locating people who don't want to be located.
You need to do a motion for substituted service. file a motion and provide your attempts to serve and postal check and ask the Court to allow you to serve the insurance company and post the summons and complaint.
You should consult an attorney in your State at once. Visit our webpage and tell us what you think. www.schnitzerlaw.net
You can get the information from the DMV by filling out the form in the link below. You can also try to locate the other driver through the search engine link below.
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