Discovery for Collection?

[waltko]

Cleveland,OH Claim not yet filed.
Contractor(s) damaged acrylic whirlpool bathtub. Not repairable. Approx cost to replace, minimum, $2,900.00. Contractor(s) acknowledge responsiblity for damage, refuse to pay.

1] Propose to file claim against:
Defendant 1,
Defendant 2,
Defendant 3,
et all, jointly and severly.
Is this method of naming defendants appropriate?

2] I have addresses for 2 defendants, 3rd defendant gave me a bogus address. How does one find a legitimate address?

3] City's FAQ in regard to debt collection: "it is your responsibility to find out where the other party/parties banks, or has assets in order to assist you in collecting".
A] How does one find that information?
B] Can some form of a motion for discovery of Social Security numbers, bank account numbers, assets, liabilities, personal earnings, etc. be included/attached to the initial filing of a Claim in anticipation of a debt collection?
C] If the answer to B] is no, how does one gather that information?

 

[quuen]

1. You may have to file against all three separately, check with the clerk, meaning 3 separate claims.

2. Try the local court, if they have a business they should have a license which will be on record at the court along with their names and address, or the white pages, yellow pages and 411

3. A&B&C

No motions for discovery are done in small claims. You may be able to obtain bank info by looking at your cashed checks if any for their bank deposit account info. If not, you would have to wait until after the hearing, if you win the case, you may purchase information subpeonas to try and obtain bank account information. Considering they have businesses it may be easier.

 

[Michael Wechsler]

Quuen gives some practical advice.

Just to supplement, it's difficult to find a "legitimate" address unless you know whom you are seeking, a person potentially easier than a business.

In addition to using the above, you can also use online databases in the Internet which actually are a repository of public records. It may be at a cost, but usually affordable ($10-20) and recoverable in small claims court. Attorneys and licensed private detectives may have access to other databases that are also public record repositories (in a company which I work with they have a product called "Background America" which also contains private research) although these may not be financially worthwhile. You could try the best address you can and let the other two defendants fight it out -- you may be able to collect the full amount from either defendant with a judgment. It's between them as to who gets reimbursed for what.

Information subpoenas are great tools and the clerk of the court should be able to help you as well.

Good luck with this.

Originally posted by waltko
Cleveland,OH Claim not yet filed.
Contractor(s) damaged acrylic whirlpool bathtub. Not repairable. Approx cost to replace, minimum, $2,900.00. Contractor(s) acknowledge responsiblity for damage, refuse to pay.

1] Propose to file claim against:
Defendant 1,
Defendant 2,

Originally posted by waltko
Cleveland,OH Claim not yet filed.
Contractor(s) damaged acrylic whirlpool bathtub. Not repairable. Approx cost to replace, minimum, $2,900.00. Contractor(s) acknowledge responsiblity for damage, refuse to pay.

1] Propose to file claim against:
Defendant 1,
Defendant 2,
Defendant 3,
et all, jointly and severly.
Is this method of naming defendants appropriate?

2] I have addresses for 2 defendants, 3rd defendant gave me a bogus address. How does one find a legitimate address?

3] City's FAQ in regard to debt collection: "it is your responsibility to find out where the other party/parties banks, or has assets in order to assist you in collecting".
A] How does one find that information?
B] Can some form of a motion for discovery of Social Security numbers, bank account numbers, assets, liabilities, personal earnings, etc. be included/attached to the initial filing of a Claim in anticipation of a debt collection?
C] If the answer to B] is no, how does one gather that information?