How do I go about taking a person to court if I only have their first name?

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How do I go about taking a person to court if I only have their first name?

On Jan. 31,I was backed into in a Wal-Mart parking lot. The lady was in a Enterprise rental car but had no license and didn’t have the insurance information with her. I went to Enterprise to file a claim and when the people called her to investigate the accident, the lady told them that I was trying to scam them. I have pictures of my car and hers but no information. Come to find out the car was rented by her sister and Enterprise could not give me the information. I do not have the name of her insurance company to file with. What is my next step? I just want my car fixed.

Asked on February 3, 2018 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

File a lawsuit using a "fictiuous" name, like "Jane Doe," which you can do as a placeholder. Then, in the course of the lawsuit (once it's been filed), you can issue a subpoena to the car rental agency to compel them to release the rental records. Then once you have those records, you can sue the sister who rented and/or issue the sister a subpoena to get the driver's name and sue her. (You can sue both the renter and the driver). Only through a lawsuit can you issue subpoenas and get the information you need.


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