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FAQ

I need to sue someone in small claims court. How do I find out someone's address if all I have is their name and bank account number?
Why do you need their address? Is it for service purposes? For privacy and anti-stalking reasons, you're not likely to get the person's address from a third party (e.g. bank, etc). Depending on your state's rules, you can probably just serve the person in person (meaning you don't need to know their address) instead of mailing it to them. Most people have used their address in some way in interacting with the public (e.g. Registrar of Voters, etc) so that's one way. Hiring a private investigator is one way too. I've done that and it does work, but it can be very expensive. Jon's point is a good one -- you do need to make sure the defendant has assets upon which you can collect. It depends on the state, but most collections laws are written so that it is exceptionally difficult for the average person to be completely exempt. Most prevailing plaintiffs in small claims court I've seen are so glad they win that they never bother collecting at all. I do quite a bit of collections work and the debtors are often surprised that I found them. Most pay up really quickly after that. Andy
I need to sue someone in small claims court but all I have is their cell phone number and their name.  How can I find out their address?
I would suggest (as several cheaper alternatives):Entering their name and cell phone on Google. You'd be surprised what a Google search can turn up.If they live in the same city/county as you (or a nearby one) I would suggest going to the Clerk of Courts office in your area and looking them up either using their last name or their cell phone. This service is almost always free and it might bring you additional information that you didn’t consider. If they live in a different county/state, it might harder, but it still can be accomplished.If this person has ripped off a number of people (I assume that this is the reason that you are seeking to sue him/her) I would suggest putting an ad online on craigslist.org,oodle.com or backpage.com. These are free ads and they might be the source of some excellent information.
Is there a small claims court PDF for California that can be Filled out and Saved online or downloaded?
I believe you are asking whether forms required for small claims actions are available online.The answer is "yes" - start at http://www.courts.ca.gov/selfhel... and follow links from there.
Do military members have to pay any fee for leave or fiancee forms?
NOOOOOOO. You are talking to a military romance scammer. I received an email from the US Army that directly answers your question that is pasted below please keep reading.I believe you are the victim of a military Romance Scam whereas the person you are talking to is a foreign national posing as an American Soldier claiming to be stationed overseas on a peacekeeping mission. That's the key to the scam they always claim to be on a peacekeeping mission.Part of their scam is saying that they have no access to their money that their mission is highly dangerous.If your boyfriend girlfriend/future husband/wife is asking you to do the following or has exhibited this behavior, it is a most likely a scam:Moves to private messaging site immediately after meeting you on Facebook or SnapChat or Instagram or some dating or social media site. Often times they delete the site you met them on right after they asked you to move to a more private messaging siteProfesses love to you very quickly & seems to quote poems and song lyrics along with using their own sort of broken language, as they profess their love and devotion quickly. They also showed concern for your health and love for your family.Promises marriage as soon as he/she gets to state for leave that they asked you to pay for.They Requests money (wire transfers) and Amazon, iTune ,Verizon, etc gift cards, for medicine, religious practices, and leaves to come home, internet access, complete job assignments, help sick friend, get him out of trouble, or anything that sounds fishy.The military does prall the soldier needs including food medical Care and transportation for leave. Trust me, I lived it, you are probably being scammed. I am just trying to show you examples that you are most likely being connned.Below is an email response I received after I sent an inquiry to the US government when I discovered I was scammed. I received this wonderful response back with lots of useful links on how to find and report your scammer. And how to learn more about Romance Scams.Right now you can also copy the picture he gave you and do a google image search and you will hopefully see the pictures of the real person he is impersonating. this doesn't always work and take some digging. if you find the real person you can direct message them and alert them that their image is being used for scamming.Good Luck to you and I'm sorry this may be happening to you. please continue reading the government response I received below it's very informative.   You have contacted an email that is monitored by the U.S. Army Criminal Investigation Command. Unfortunately, this is a common concern. We assure you there is never any reason to send money to anyone claiming to be a Soldier online. If you have only spoken with this person online, it is likely they are not a U.S. Soldier at all. If this is a suspected imposter social media profile, we urge you to report it to that platform as soon as possible. Please continue reading for more resources and answers to other frequently asked questions:  How to report an imposter Facebook profile: Caution-https://www.facebook.com/help/16... Caution-https://www.facebook.com/help/16...   Answers to frequently asked questions:  - Soldiers and their loved ones are not charged money so that the Soldier can go on leave.  - Soldiers are not charged money for secure communications or leave.  - Soldiers do not need permission to get married.  - Soldiers emails are in this format: john.doe.mil@mail.mil Caution-mailto: john.doe.mil@mail.mil anything ending in .us or .com is not an official email account.  - Soldiers have medical insurance, which pays for their medical costs when treated at civilian health care facilities worldwide ‡ family and friends do not need to pay their medical expenses.  - Military aircraft are not used to transport Privately Owned Vehicles.  - Army financial offices are not used to help Soldiers buy or sell items of any kind.  - Soldiers deployed to Combat Zones do not need to solicit money from the public to feed or house themselves or their troops.  - Deployed Soldiers do not find large unclaimed sums of money and need your help to get that money out of the country.  Anyone who tells you one of the above-listed conditions/circumstances is true is likely posing as a Soldier and trying to steal money from you.  We would urge you to immediately cease all contact with this individual.  For more information on avoiding online scams and to report this crime, please see the following sites and articles:   This article may help clarify some of the tricks social media scammers try to use to take advantage of people: Caution-https://www.army.mil/article/61432/ Caution-https://www.army.mil/article/61432/   CID advises vigilance against 'romance scams,' scammers impersonating Soldiers  Caution-https://www.army.mil/article/180749 Caution-https://www.army.mil/article/180749   FBI Internet Crime Complaint Center: Caution-http://www.ic3.gov/default.aspx Caution-http://www.ic3.gov/default.aspx   U.S. Army investigators warn public against romance scams: Caution-https://www.army.mil/article/130... Caution-https://www.army.mil/article/130...   DOD warns troops, families to be cybercrime smart -Caution-http://www.army.mil/article/1450... Caution-http://www.army.mil/article/1450...   Use caution with social networking  Caution-https://www.army.mil/article/146... Caution-https://www.army.mil/article/146...    Please see our frequently asked questions section under scams and legal issues. Caution-http://www.army.mil/faq/ Caution-http://www.army.mil/faq/ or visit Caution-http://www.cid.army.mil/ Caution-http://www.cid.army.mil/ .  The challenge with most scams is determining if an individual is a legitimate member of the US Army. Based on the Privacy Act of 1974, we cannot prthis information. If concerned about a scam you may contact the Better Business Bureau (if it involves a solicitation for money), or local law enforcement. If you're involved in a Facebook or dating site scam, you are free to contact us direct, (571) 305-4056.   If you have a social security number, you can find information about Soldiers online at Caution-https://www.dmdc.osd.mil/appj/sc... Caution-https://www.dmdc.osd.mil/appj/sc... . While this is a free search, it does not help you locate a retiree, but it can tell you if the Soldier is active duty or not.  If more information is needed such as current duty station or location, you can contact the Commander Soldier's Records Data Center (SRDC) by phone or mail and they will help you locate individuals on active duty only, not retirees. There is a fee of $3.50 for businesses to use this service. The check or money order must be made out to the U.S. Treasury. It is not refundable. The address is:  Commander Soldier's Records Data Center (SRDC) 8899 East 56th Street Indianapolis, IN 46249-5301 Phone: 1-866-771-6357  In addition, it is not possible to remove social networking site profiles without legitimate proof of identity theft or a scam. If you suspect fraud on this site, take a screenshot of any advances for money or impersonations and report the account on the social networking platform immediately.  Please submit all information you have on this incident to Caution-www.ic3.gov Caution-http://www.ic3.gov (FBI website, Internet Criminal Complaint Center), immediately stop contact with the scammer (you are potentially providing them more information which can be used to scam you), and learn how to protect yourself against these scams at Caution-http://www.ftc.gov Caution-http://www.ftc.gov (Federal Trade Commission's website)
How do I sue Capital One in small claims court for zeroing out my cashback rewards?
Walk into the small claims court, pick up a claim form, fill it out, file it with the court and serve it on Capital One. They then have a set period of time to file a defense and serve it on you. Once they do that you set a trial date and go to court.Before you do that though you'd better make sure but they were not within their rights to zero out your points balance. In other words read the fine print of your contract to make sure that they actually breached that contract in some way. The reason for that is if they did not breach their contract you will lose. If you lose you will most likely be ordered to pay for their lawyer and all their legal costs.
How long does it take for a small claims court case to be resolved?
From when you file with the clerk, it takes about sixty days until your court date. You'll know right away, since the date is on the paperwork. You can probably even ask the clerk to aim at a date that works better for you.And then you serve the defendant. If this is difficult, you can get a continuance at your court date, even asking for service-by-notice.And then you spend a few hours in court with other people who are also in small claims and related cases.My day in court started with a 22 minute lecture from the judge asking plaintiffs and defendants to consider arbitration. Then two name changes were done while people conferred.Then a role call to see which plaintiffs had defendants.Then a restraining order was argued and granted.And finally small claims. I was first!No defendant. My first count date I asked for a continuance and serve-by-notice because my defendant was dodging service. Making this clear during roll call, six weeks ago, let me go first then. And being the first case to be assigned this court date let me go first on this day tooMy case was about 15 minutes of presenting my claim and offering my evidence. I was out of the courthouse just over two hours after I arrived, but there were seven cases after mine, all with two sides presenting cases.So expect all day.
What forms do I need, and where do I get them from for me to take someone to a small claims court?
You should go to the courthouse and ask that question of the small claims clerk. The answer to your question depends on your jurisdiction. Your question doesn’t even include what state you live in, so no one can answer your question about what forms you need.
How do I fill out the disability forms so well that my claim is approved?
Contact Barbara Case, the founder of USA: Providing Free Advocacy & Support She's incredible!