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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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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