Can I take someone to small claims court with only a first name and a phone number?

UPDATED: Feb 16, 2012

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Can I take someone to small claims court with only a first name and a phone number?

I just bought a used car that won’t pass emissions.

Asked on February 16, 2012 under Bankruptcy Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need the last name to file your lawsuit with the court.  You will need to have the summons and complaint (the complaint is the lawsuit attached to the summons) served on the defendant.  The process server may be able to obtain the last name of the defendant.  Your damages (the amount of compensation you are seeking in your lawsuit) should also include court costs such as the court filing fee and process server fee.  You can find process servers listed under attorney services in the Yellow Pages or online.  You will need the last name of the defendant prior to filing the lawsuit with the court which occurs before it goes to the process server.  You can contact a process server to obtain the last name of the defendant and then if you want to after filing the lawsuit, use the same process server to serve the summons and complaint on the defendant.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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