How to File a Lawsuit Against Someone You Dont Know Where They Live

Finding and naming the defendant

To kickoff a example in the Local Courtroom, you will need to file a document called a 'country​ment of claim'. In the statement of claim, you must name the person, business, company or organisation that yo​u are making the claim against and provide their correct current address.

A s the person starting the example, you are the plaintiff. The person or business concern you are challenge against is the accused.

It is very important that you start your case against the right person or business and that​ you apply the correct name for them.

If y'all don't name the correct person or business equally the defendant, and the claim has to be amended or withdrawn, you lot may exist ordered to pay their legal costs. Also, court fees will not be refunded.

You must have the correct address for the accused and so that you can serve them with the statement of claim. The accused needs to receive the statement of claim and if yous don't have their current address, you may not exist able to properly serve the defendant and y'all may not be able to recover the coin they owe you.

You can make a claim confronting:

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​In some situations, you might need to make a claim confronting more than than one defendant. For instance, in car accident cases there may be more than than one driver at fault.

Individuals

If your instance is against an individual you will need:

• ​t he first name and family name of the person
• an address for the person (not a post function box).

If you don't accept an accost for the person, you could try to find their address by request family unit or friends, writing to the person'south last known residential accost or email, writing to their workplace or searching the phone directory. To search the telephone directory, go to White Pages.

Another choice is to use a individual investigator. You lot can detect individual investigators through net searches or the Xanthous Pages directory. You should make sure whatever investigator you choose is licensed and that you have discussed the fee before deciding if this is an affordable choice for yous.

If your merits is the result of a motorcar accident, you lot might be able to get the name and address of the possessor of the other automobile from Roads and Maritime Services (RMS), by making an access application under theGovernment Data (Public Admission) Act 2009. For more information, seeIdentif​y the other party​  in the Car accid​ents topic. ​

Concern/Sole traders/Partnerships

If your case is against a business concern, you will need to piece of work out who owns the business organisation. A business organization could exist owned past a:

• ​ sole trader (one person)
• ​​ a partnership (two or more than people) or
• a  visitor.

If a person or a partnership runs the business, you lot must make a merits against the individual business organization possessor or the partners. For example, your merits would proper name the defendant as 'Fiona Frame trading as Fantastic Florists ABN 11 123 123 000'.

All business organization names are registered with the Australian Securities and Investments Commission (ASIC).

You lot can practice a free business organization proper name details check on the ASIC business names register. This will tell you:

• ​ business name
• registration engagement and registration status and nex t renewal date
• current address for service of documents
• current principal place of business organization
• business name holder.

If a concern name is non registered, you lot will demand to find out who owns the business. If you cannot do this, you can make a claim against the business name only you lot will need to improve the statement of claim form after you detect out the name and address of the owner of the business. If you cannot find the name of the business organisation owner after doing a concern name details bank check on the ASIC register, you lot should get legal advice​.

Companies

If the business is run by a company, y'all must make a claim against the company. For example, your merits would name the defendant as 'FF Holdings Pty Ltd ACN 111 222 111 trading as Fantastic Florists'.

You can do a gratuitous search for information on a company on the ASIC organisations and business organization names register. The free search will give you the locality of the company but non the total address. If you want the address you volition need to pay for a more detailed search.

You lot tin can do a paid search on the ASIC website. For more than information on how to do this and the fees see the ASIC website on How to search ASIC registers.

You tin likewise use an data broker to get information. Contact details for information brokers are on the ASIC website.

Incorporated Associations

You tin can get the full name and address of an Incorporated Association from NSW Off-white Trading. To do this you lot tin can request an extract from the Register of Incorporated Associations by either:

• ​​going to a NSW Fair Trading Middle

• downloading an application course from the NSW Fair Trading website and send it to:
  ​
  Registry of Co-operatives & Associations
  PO Box 22 Bathurst NSW 2795.

The fee for the extract is $21.00 for the first page and $1.00 for each other page (as at July 2021).

You can besides search ABN Lookup, which has a record of all individuals, businesses, companies and organisations that have an Australian Business Number (ABN, which is used to administer the goods and services tax).

T his search tin tell you the trading name of an individual, business concern or organisation and whether it is a sole trader, partnership, company or some other kind of entity. This ​data may help you with further searches on the internet.

Authorities departments

If your claim is against a NSW government department or a Democracy regime department, y'all should get legal advice.

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Source: https://www.lawaccess.nsw.gov.au/Pages/representing/Local_courts_small_claims/owed_money/starting_your_case/finding_naming_D.aspx

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