• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

sueing unknown adress

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

javiermiguel

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

How do I sue someone for owed money if they no longer live at the place where they told me. (ex) friend refused to pay and packed up and moved one day and I have no idea where he went to. I know he is probably somewhere in the state though.
 


adjusterjack

Senior Member
You have to find him to sue him. If you can't find him you have to prove to the court that you have made diligent effort to do so. That often translates into spending money on a private investigator. If you still can't find him you might be able to get the court to allow you to serve by publication. Trouble with that is that you get a default judgment and you may never get your money.
 

latigo

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

How do I sue someone for owed money if they no longer live at the place where they told me. (ex) friend refused to pay and packed up and moved one day and I have no idea where he went to. I know he is probably somewhere in the state though.

I agree with ajax.

If you can't pin down this birds' residence or workplace somewhere within the state enabling you to have him personally served with process, then give it up. Do not attempt to complete service of process by publication. Not unless you are talking huge amounts of money. The onus of satisfying the requirement of exercising reasonable diligence in attempting to first physically locate the defendant is too burdensome to warrant it. (See: Olvera v. Olvera (1991) 232 Cal.App.3d 32, 41-42; also Espindola v. Nunez (1988) 199 Cal.App.3d 1389.)

Plus the statutes allowing a defendant relief from a default judgment are extremely liberal. All that is needed to reopen the case and have it decided on the merits is to disclaim receiving actual notice. And even if by some odd chance they read it buried somewhere in a published legal notice you couldn't prove it and they aren't about to admit it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top