Putty Posted March 23, 2016 Report Share Posted March 23, 2016 How does the court reach a person when all you have is their phone and plate #? Quote Link to comment Share on other sites More sharing options...
SRTurbo04 Posted March 23, 2016 Report Share Posted March 23, 2016 Just a guess here, but I would think the courts might have access to bmv info, or some one in the police department to run a plate, to get who the person and address is under. Just a pure guess Quote Link to comment Share on other sites More sharing options...
Putty Posted March 23, 2016 Author Report Share Posted March 23, 2016 Just a guess here, but I would think the courts might have access to bmv info, or some one in the police department to run a plate, to get who the person and address is under. Just a pure guess I would have guessed that as well, but I didn't want to assume. I also don't want to go down there and be told I don't have enough info. Quote Link to comment Share on other sites More sharing options...
Geeto67 Posted March 23, 2016 Report Share Posted March 23, 2016 If I remember how it works (and it's been years so I could be 100% wrong) you are the one charged with service of process. As it is in connection with litigation you can request a vehicle registration abstract: http://www.bmv.ohio.gov/more-records-vrabstract.aspx http://www.bmv.ohio.gov/more-record-types.aspx the abstract should provide you with current name and address. Vehicle Registration Abstract A vehicle registration abstract provides the most recent registration information related to the identifier provided. Vehicle registration abstracts do not provide historical information. How to Request By mailing a completed Record Request (form BMV 1173) and a $5.00 fee to: Ohio BMV Attn: BMV Records PO Box 16520 Columbus, Ohio 43216-6520 here is the form: http://publicsafety.ohio.gov/links/bmv1173.pdf check box C at the top of page 1 and then line 7 on page 2. if you are suing in connection to damage done by a MVA, might as well request a driver's record (as proof that defendant is a bad driver) and title abstract as well as a registration abstract to make sure there isn't another party you are forgetting to sue (ie the car is owned by one person and registered to another). Quote Link to comment Share on other sites More sharing options...
Geeto67 Posted March 23, 2016 Report Share Posted March 23, 2016 yup you are responsible for providing the address for the service of process: http://www.ohiojudges.org/Document.ashx?DocGuid=7ccff07a-9c2c-4671-b10f-845072444576 page 7: The court must officially notify the defendant that he or she is being sued, and it is your responsibility to provide an address where the defendant can be reached. The official notice must be delivered to - or “served on” - the defendant(s). The usual way to accomplish service is certified mail to the defendant’s home or business address. The return receipt, signed by anyone 16 years of age or older, will provide proof of service. The case can then proceed. However, if the certified letter is returned undelivered, the case cannot proceed. If that happens, check with court staff about other ways to accomplish service. Quote Link to comment Share on other sites More sharing options...
Putty Posted March 23, 2016 Author Report Share Posted March 23, 2016 Shit...so I need to do the vehicle reg abstract first and then go to court. Quote Link to comment Share on other sites More sharing options...
Geeto67 Posted March 23, 2016 Report Share Posted March 23, 2016 Shit...so I need to do the vehicle reg abstract first and then go to court. yes it is probably best to get all the info you can, and then walk in and file with the court. I know in NY you can sometimes file and then ask the court for an extension to complete service but I don't know how it works in ohio. If you are making a case against someone related to their driving, pay the $15 and get the drivers, registration, and title as well. Why? make sure your defendant was not under suspension at the time of the accident, make sure the registration was current, and make sure the vehicle wasn't transferred to a new owner after the date of the accident and you have the correct person. Quote Link to comment Share on other sites More sharing options...
04r1 Posted March 23, 2016 Report Share Posted March 23, 2016 Good luck getting the person to sign for the letter in the mail. I have someone who owes me a few grand and they have served the home address and he won't sign so I can't proceed. Quote Link to comment Share on other sites More sharing options...
Putty Posted March 23, 2016 Author Report Share Posted March 23, 2016 Good luck getting the person to sign for the letter in the mail. I have someone who owes me a few grand and they have served the home address and he won't sign so I can't proceed. It's that simple to avoid the process? Quote Link to comment Share on other sites More sharing options...
Geeto67 Posted March 23, 2016 Report Share Posted March 23, 2016 Good luck getting the person to sign for the letter in the mail. I have someone who owes me a few grand and they have served the home address and he won't sign so I can't proceed. Have you tried a process server? works just like the movies, person "tricks" the mark into accepting the letter and certifies it delivered. I don't know what the rates are in ohio but this company was the first hit for me for ohio process servers: http://www.infocorponline.com/ If your defendant is intentionally avoiding process you can usually roll process fees into your claim for damages. It's how you punish them for not signing for the mail. It's that simple to avoid the process? Yes and no. You would have to be the type of person who is avoiding signing for any kind of registered letter, i.e. you know you are in trouble and won't sign for anything. UPS, USPS, FedEx, etc...not signing for any of it. Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted March 23, 2016 Report Share Posted March 23, 2016 Good luck getting the person to sign for the letter in the mail. I have someone who owes me a few grand and they have served the home address and he won't sign so I can't proceed. That's why you pay a process server to do it for you. Quote Link to comment Share on other sites More sharing options...
04r1 Posted March 23, 2016 Report Share Posted March 23, 2016 I have a feeling he owes other people money too and avoids signing for anything. Quote Link to comment Share on other sites More sharing options...
RCode04 Posted March 23, 2016 Report Share Posted March 23, 2016 You can serve by public notice if they wont sign. Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted March 23, 2016 Report Share Posted March 23, 2016 Ok so OP needs to file for vehicle reg abstract (as well as other abstracts, ideally), then file for small claims court, then probably pay a process server to notify defendant, then win big $$$$$ and throw a big CR hookers and blow party? Quote Link to comment Share on other sites More sharing options...
BBQdDude Posted March 24, 2016 Report Share Posted March 24, 2016 Ok so OP needs to file for vehicle reg abstract (as well as other abstracts, ideally), then file for small claims court, then probably pay a process server to notify defendant, then win big $$$$$ and throw a big CR hookers and blow party? Once all that is done and small claims sides with you the losing party becomes a judgment debtor. The Court will not collect this judgment for you. Then the real fun begins. Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted March 24, 2016 Report Share Posted March 24, 2016 Once all that is done and small claims sides with you the losing party becomes a judgment debtor. The Court will not collect this judgment for you. Then the real fun begins. Oh yeah I know. Not personally, but there's been a rather ridiculous scammer in the Abarth modding community that has recently had a judgement against them and refused to pay...all while buying thousands in parts for their personal cars. So the guys that got screwed by them have been publicizing their entire court adventure against them and it has been HILARIOUS. They're basically the Dwiggs of the Abarth world. Quote Link to comment Share on other sites More sharing options...
Geeto67 Posted March 24, 2016 Report Share Posted March 24, 2016 Once all that is done and small claims sides with you the losing party becomes a judgment debtor. The Court will not collect this judgment for you. Then the real fun begins. that's usually the sheriff's job. Once you have a judgement you can file to either garnish wages or lien or seize personal property. Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted March 24, 2016 Report Share Posted March 24, 2016 that's usually the sheriff's job. Once you have a judgement you can file to either garnish wages or lien or seize personal property. Yes but only once the defendant goes into default. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted March 24, 2016 Report Share Posted March 24, 2016 Have you tried a process server? works just like the movies, person "tricks" the mark into accepting the letter and certifies it delivered. I don't know what the rates are in ohio but this company was the first hit for me for ohio process servers: http://www.infocorponline.com/ If your defendant is intentionally avoiding process you can usually roll process fees into your claim for damages. It's how you punish them for not signing for the mail. Yes and no. You would have to be the type of person who is avoiding signing for any kind of registered letter, i.e. you know you are in trouble and won't sign for anything. UPS, USPS, FedEx, etc...not signing for any of it. Many years ago we had a family friend who started his own business as a Process Server. He said he had different tactics to make sure people received what they needed. If I remember correctly he was considered some sort of officer of the court and could testify that the individual was served even if papers weren't signed for. Not sure if this was true or not but he was fairly adamant about it. Putty, what happened? hit and run? Quote Link to comment Share on other sites More sharing options...
Geeto67 Posted March 24, 2016 Report Share Posted March 24, 2016 Yes but only once the defendant goes into default. If you have a judgement from a court, the defendant is already in default. But I get your point, some courts give defendants some time to pay before you can start seizing/garnishing. Many years ago we had a family friend who started his own business as a Process Server. He said he had different tactics to make sure people received what they needed. If I remember correctly he was considered some sort of officer of the court and could testify that the individual was served even if papers weren't signed for. Not sure if this was true or not but he was fairly adamant about it. An "officer of the court" is just someone whose profession is tied to the justice system. However, in some states process servers have to be licensed and approved by the court so they are in fact considered an extension of that court and an official officer of the court. Quote Link to comment Share on other sites More sharing options...
iwashmycar Posted March 24, 2016 Report Share Posted March 24, 2016 This is all fascinating. Good read guys! Quote Link to comment Share on other sites More sharing options...
El Karacho1647545492 Posted March 24, 2016 Report Share Posted March 24, 2016 If you have a judgement from a court, the defendant is already in default. But I get your point, some courts give defendants some time to pay before you can start seizing/garnishing. You're right I totally forgot to mention the case I've been observing included an agreed-upon payment plan prior to the judgement. They immediately defaulted on first payment so the judgement was obtained, now the plaintiff is gonna go after their cars that they are wasting money on. Quote Link to comment Share on other sites More sharing options...
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