 |
You are here: Small Claims > What to Do If You Are Suing > Fill Out Your Forms > Fill Out Your Forms Checklist > Figuring Out the Defendant's Name
The person or business you are suing is called the "defendant." You must have the EXACT name of the person or company you are suing. If you don't, you won't be able to collect any money if you win. You'll need to put the defendant's name on the papers that you file with the court.
To find out how to name the defendant, click on the statement that fits your case:
I'm suing a person.
I'm suing a husband and wife.
I'm suing domestic partners.
I'm suing a business owned by one person.
I'm suing a partnership.
I'm suing a corporation.
I'm suing a business owned by a corporation.
I'm suing because of a car accident.
Click here  to get help from the Department of Consumer Affairs' Web site.
I'm suing a person.
Write the person's first name and last name.
[ Top of Page ]
I'm suing a husband and wife.
Write both their full names.
For example: James Jones and Sally Jones.
If you don't know the wife's first name, you can write:
Mr. James Jones and Mrs. James Jones.
[ Top of Page ]
I'm suing domestic partners.
Write both their full names.
For example: Jane Jones and Sally Jones.
[ Top of Page ]
I'm suing a business owned by one person.
Write the owner's name and the business' name.
You should name the owner as an individual to have a better chance of collecting if you win.
For example, write: Sally Smith, individually, & dba Continental Candies."
(Here "dba" stands for "doing business as.")
[ Top of Page ]
I'm suing a partnership.
Name the partnership and the partners, too.
For example: Jim Smith, individually, & John Jones, individually, & dba Smith and Jones. If you want individual liability on the part of the partnership and the partners, each must be named separately.
(Here "dba" stands for "doing business as.")
[ Top of Page ]
I'm suing a corporation.
Write the exact name of the corporation.
For example: Sally's Dresses, a corporation.
[ Top of Page ]
I'm suing a business owned by a corporation.
Write the name of the corporation and the business.
For example: Lotus Corporation dba The Flower Company.
(Here "dba" stands for "doing business as.")
[ Top of Page ]
I'm suing because of a car accident.
Name the driver and the owner of the car.
For example: Sam Jones, owner, and Betty Smith, driver."
If the owner and driver are the same person, you can write: Sam Jones, owner and driver.
If you don’t know the name of the owner of the car but you have the car’s license plate number, you can fill out a request to the DMV to get the name of the registered owner on Form INF70 .
[ Top of Page ]
<< back
Last modified: 03/17/2008
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
|
