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California.
How do I get a driver's (or owner's) address from the vehicle
license or driver's license number? I was involved in an
accident and the other driver's insurance is disputing fault,
so I need to sue the other driver in small claims court.
Unfortunately, I didn't record the other driver's address,
only name and license info. The other driver originally
admitted fault (was on cell phone). Might it be wise
to also attempt to get the driver's cell phone records?
Thanks.
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On Wed, 17 Mar 2004 23:07:46 -0800, "Dave Smith" <invalid@example.com>
in misc.legal, wrote the following:
California.
How do I get a driver's (or owner's) address from the vehicle
license or driver's license number? I was involved in an
accident and the other driver's insurance is disputing fault,
so I need to sue the other driver in small claims court.
Unfortunately, I didn't record the other driver's address,
only name and license info. The other driver originally
admitted fault (was on cell phone). Might it be wise
to also attempt to get the driver's cell phone records?
Thanks.
NB: Not from California, and assume here you are acting as pro se
representative in your case. If not, then ignore the commentary about
pro se, below.
Comment:
a) Assuming there was an accident report, wouldn't the other driver's
address be recorded there?
b) If not, I assume you would need (possibly via counsel) to make
inquiry to the California Department of Motor Vehicles.
See http://www.dmv.ca.gov/
specifically
http://www.dmv.ca.gov/dl/authority.htm#info
and
http://www.dmv.ca.gov/dl/authority.htm#protects
for more info.
Note the website says the residence address of a driver is normally
given to "Attorneys (for motor-vehicle or vessel related incidents)."
It depends on how strict the privacy laws may be in CA as to whether it
would be given freely to you as a pro se attorney. You may have to prove
to the DMV this is in regard strictly to a court action before they will
release the information to you.
HTH.
Regards --
--
Katherine Griffis-Greenberg, J.D.
DISCLAIMER:
Not a practicing attorney, and no attorney-client relationship
is created. This response is for discussion purposes only. It
isn't meant to be legal advice. If you wish legal advice, seek
out an attorney in your own state who is familar with your
state's laws and applications thereof.
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Dave Smith wrote:
California.
How do I get a driver's (or owner's) address from the vehicle
license or driver's license number? I was involved in an
accident and the other driver's insurance is disputing fault,
so I need to sue the other driver in small claims court.
Unfortunately, I didn't record the other driver's address,
only name and license info. The other driver originally
admitted fault (was on cell phone). Might it be wise
to also attempt to get the driver's cell phone records?
Thanks.
File the claim giving the name and DL info.
The court will do the rest.
Just explain you did not write down the address, just the number and they'll
see to it he gets notified.
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Richard wrote:
File the claim giving the name and DL info.
The court will do the rest.
This is foolish. The claim will be denied unless you can
legally certify that the defendant was served. The court
does not handle that.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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Katherine Griffis-Greenberg wrote:
Dave Smith wrote:
California.
How do I get a driver's (or owner's) address from the vehicle license or
driver's license number? I was involved in an accident and the other
driver's insurance is disputing fault, so I need to sue the other driver
in small claims court. Unfortunately, I didn't record the other driver's
address, only name and license info. The other driver originally
admitted fault (was on cell phone). Might it be wise to also attempt to
get the driver's cell phone records?
Thanks.
NB: Not from California, and assume here you are acting as pro se
representative in your case. If not, then ignore the commentary about pro
se, below.
Comment:
a) Assuming there was an accident report, wouldn't the other driver's
address be recorded there?
In California, police are not required to file reports for minor non-injury
accidents ("fender-benders"). Either driver may request that the cop write
one up anyway, but the cops don't like doing the paperwork and will often
also write a ticket to whoever they believe was at fault as well. I'm just
as happy to exchange information with the other driver, and not bother
getting the cops involved.
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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California.
How do I get a driver's (or owner's) address from the vehicle
license or driver's license number? I was involved in an
accident and the other driver's insurance is disputing fault,
so I need to sue the other driver in small claims court.
Unfortunately, I didn't record the other driver's address,
only name and license info. The other driver originally
admitted fault (was on cell phone). Might it be wise
to also attempt to get the driver's cell phone records?
First, file suit. The suit triggers the right of licensed private
detectives to use their software to access DMV records. Hire a private
detective to get you the address. You can find one online. This service is
not expensive.
Second, there are services advertising online that promise to find anyone
for very little money. I have seen them for $15 and up to $45 per search.
I have never tried any of them, but for that price, it's worth a try.
McGyver
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"Dave Smith" <invalid@example.com> wrote in message news:<ZNydnRLzYrJY18TdRVn2gA@giganews.com>...
California.
How do I get a driver's (or owner's) address from the vehicle
license or driver's license number? I was involved in an
accident and the other driver's insurance is disputing fault,
so I need to sue the other driver in small claims court.
Unfortunately, I didn't record the other driver's address,
only name and license info. The other driver originally
admitted fault (was on cell phone). Might it be wise
to also attempt to get the driver's cell phone records?
I have had to do this and it was not that tough. Though I had a
police report because the accident was more than just a fender bender.
My problem was the guy had moved a couple of times since the
accident, so the address on the report wasn't doing me any good. With
his current DMV information I was able to show that his address of
record with teh DMV was still at the same address and I could use a
subsitute service process to get the papers served on him.
You can request information on another persons driving record in
California if you have a reason. However you have to wait to get it,
because they will notify that person to tell them that you requested
it.
I would check with small claims first - I don't know if you can file a
small claims suit against someone if you don't have their address. If
you can, then you have a good reason to be asking for an address, you
state that you filed suit against this person in regard to a motor
vehicle accident - if you have a case number, etc. it gives you more
credibility.
Do yourself a favor - make sure you have yourself covered with all DMV
formalities related to the accident. If there was more than $500 in
property damage you are required to file an SR1 form with DMV (your
supposed to do it within 10 days of the accident). The form calls for
your name and address information, as well as the other guy's. Both
parties are supposed to file this form. You could add this to the
reason for requesting the other guy's address - You need it to
complete the SR1, in addition to filing court papers for your small
claims suit. Those are legitimate reasons to request the the address
from someone's DMV records.
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Arthur L. Rubin wrote:
Richard wrote:
File the claim giving the name and DL info.
The court will do the rest.
This is foolish. The claim will be denied unless you can
legally certify that the defendant was served. The court
does not handle that.
It's only a suggestion that may or may not work.
But of course, you know the workings of every state and county small claims
court don't you?
California used to hand out information if all you had was the license plate
number.
For the mere sum of 50 cents. But they passed a law limiting that privilege
only to law enforcement.
Many states will do the same thing.
My mother signed a warrant out on somebody based on the license plate and
got the information with no trouble.
I got a guy's address from the local cops once because I made a mistake on
the credit card slip and needed his signature again. All I had was the
license plate number and his name. The cops got me his phone number.
You could probably go to the DMV, explain the situation, give them what you
got, and you might get lucky.
Don't know unless you try right?
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Arthur L. Rubin wrote:
Richard wrote:
File the claim giving the name and DL info.
The court will do the rest.
This is foolish. The claim will be denied unless you can
legally certify that the defendant was served. The court
does not handle that.
PS.
Looks like from the other replies, it would appear my theory ain't so
foolish after all.
As they say, "there's more than one way to skin a cat".
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"Dave Smith" <invalid@example.com> wrote in message news:<ZNydnRLzYrJY18TdRVn2gA@giganews.com>...
California.
How do I get a driver's (or owner's) address from the vehicle
license or driver's license number? I was involved in an
accident and the other driver's insurance is disputing fault,
so I need to sue the other driver in small claims court.
Unfortunately, I didn't record the other driver's address,
only name and license info. The other driver originally
admitted fault (was on cell phone). Might it be wise
to also attempt to get the driver's cell phone records?
Thanks.
I believe you can't get the driver's contact information from DMV.
This is an area where DMV has come down hard on the side of individual
privacy. There was a string of cases involving a parking ticket
collector called Ticket Track and an lawyer named Feldman, in which
Feldman was ultimately refused access to DMV records because his
purpose was to turn these over to Ticket Track for filing small claims
suits.
You have to be an attorney representing your client in order to get
this information; as an attorney, you have to keep it private and
can't turn it over to your client; and you can't get this information
for the purpose of your own small claims suit.
Ms. Griffiss-Greenberg gave links to relevant information from DMV in
her post; I won't repeat them here.
--
Not a lawyer,
Chris Green
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"McGyver" <Greyprof@msn.com> wrote in message news:<c3cnvq$269kdh$1@ID-75195.news.uni-berlin.de>...
First, file suit. The suit triggers the right of licensed private
detectives to use their software to access DMV records. Hire a private
detective to get you the address. You can find one online. This service is
not expensive.
Not sure a private detective can do this for you anymore. They aren't
in the list of persons authorized to get addresses from DMV. If they
could, there never would have been a Ticket Track case.
--
Not a lawyer,
Chris Green
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cj.green@worldnet.att.net (Christopher Green) wrote in message news:<c31fa7b1.0403181421.555db1a@posting.google.com>...
"Dave Smith" <invalid@example.com> wrote in message news:<ZNydnRLzYrJY18TdRVn2gA@giganews.com>...
I believe you can't get the driver's contact information from DMV.
This is an area where DMV has come down hard on the side of individual
privacy. There was a string of cases involving a parking ticket
collector called Ticket Track and an lawyer named Feldman, in which
Feldman was ultimately refused access to DMV records because his
purpose was to turn these over to Ticket Track for filing small claims
suits.
You have to be an attorney representing your client in order to get
this information; as an attorney, you have to keep it private and
can't turn it over to your client; and you can't get this information
for the purpose of your own small claims suit.
Ms. Griffiss-Greenberg gave links to relevant information from DMV in
her post; I won't repeat them here.
Looks like they may have tightened up since I had to do this. Up
until 20 years ago or so anyone could get personal information from
anyone elses driving record as it was just about all considered open
public record. But then stalkers started getting information about
people and some actress was murdered by a guy that got her address
from DMV. That was the reason they first clamped down on disclosure.
Since then, I was able to get the address for a person that I was
suing regarding a motor vehicle accident. It was a small claim so
there was no attorney. But I had filed my suit before going to DMV,
and I had filed an SR1 regarding the accident, and had a police
report. But no attorney was involved - I tracked him down myself. A
copy of my request was sent to the person before the information was
given to me. So the guy knew exactly why I was asking - "I am suing
this person and I need his current address." It took two weeks, but
the DMV sent me his entire DMV printout in the mail.
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Richard wrote:
Arthur L. Rubin wrote:
File the claim giving the name and DL info.
The court will do the rest.
PS.
Looks like from the other replies, it would appear my theory ain't so
foolish after all.
It appears I was wrong. It IS possible to sue in small claims
court without knowing the address of the defendant. However,
the defendant must be notified some time (at least 15 days)
before the trial date, and possibly before a trial date
can be set.
The last small claims court instructation I download specified
that "actual notice" was required before a suit could be
filed, but the instructions appear to have been in error.
The court still won't handle anything, but a suit -- even a
small claims court suit -- may allow a lawyer to get the
information from DMV.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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curtisccr@sbcglobal.net (Curtis CCR) wrote in message news:<c678797a.0403190920.dd7e259@posting.google.com>...
cj.green@worldnet.att.net (Christopher Green) wrote in message news:<c31fa7b1.0403181421.555db1a@posting.google.com>...
Looks like they may have tightened up since I had to do this. Up
until 20 years ago or so anyone could get personal information from
anyone elses driving record as it was just about all considered open
public record. But then stalkers started getting information about
people and some actress was murdered by a guy that got her address
from DMV. That was the reason they first clamped down on disclosure.
Since then, I was able to get the address for a person that I was
suing regarding a motor vehicle accident. It was a small claim so
there was no attorney. But I had filed my suit before going to DMV,
and I had filed an SR1 regarding the accident, and had a police
report. But no attorney was involved - I tracked him down myself. A
copy of my request was sent to the person before the information was
given to me. So the guy knew exactly why I was asking - "I am suing
this person and I need his current address." It took two weeks, but
the DMV sent me his entire DMV printout in the mail.
You hit on the way that someone who doesn't otherwise qualify can get
address information from the DMV: wait for the DMV to notify the other
party and ask their permission. One catch is, if the other party
smells a rat, they can refuse, and you're still nowhere.
--
Chris Green
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cj.green@worldnet.att.net (Christopher Green) wrote in
news:c31fa7b1.0403181421.555db1a@posting.google.com:
You have to be an attorney representing your client in order to get
this information; as an attorney, you have to keep it private and
can't turn it over to your client; and you can't get this information
for the purpose of your own small claims suit.
So if you wanted to handle this on a pro se basis, you'd have to file in
trial-level court and use a supoena? Small-claims would be unavailable to
you?
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Najena <najena@coldmail.com> wrote in message news:<Xns94B1DA11AE46Fnajenahotmail@64.62.191.82>...
cj.green@worldnet.att.net (Christopher Green) wrote in
news:c31fa7b1.0403181421.555db1a@posting.google.com:
So if you wanted to handle this on a pro se basis, you'd have to file in
trial-level court and use a supoena? Small-claims would be unavailable to
you?
If that was your only way of locating the defendant, maybe so. That
was the issue in Ticket Track: Ticket Track's business model was to
collect unpaid parking fees by filing small claims suits. They hired
an attorney, Feldman, to retrieve addresses from DMV, since an
attorney is a party allowed to access these records. An appeals court
ruled that Feldman could access the records, but could not turn the
addresses over to Ticket Track. Ticket Track lost their customers and
may be out of business.
--
Chris Green
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cj.green@worldnet.att.net (Christopher Green) wrote in message news:<c31fa7b1.0403191442.57f8827c@posting.google.com>...
curtisccr@sbcglobal.net (Curtis CCR) wrote in message news:<c678797a.0403190920.dd7e259@posting.google.com>...
You hit on the way that someone who doesn't otherwise qualify can get
address information from the DMV: wait for the DMV to notify the other
party and ask their permission. One catch is, if the other party
smells a rat, they can refuse, and you're still nowhere.
I asked about that. It may have taken a little longer, but at the
time, DMV would evalulate the merit of an objection, and release the
information anyway. They didn't ask for permissision to release
information - they were informing the person that someone had asked
for it. If the person didn't respond, the information was released.
But even then, addresses were not released unless the reason for the
request was warranted (a call made by DMV).
In my case, I had a police (CHP) report on the accident, had filed the
SR1, and had filed a small claim so I had a case number. I had an
address for the guy but he never responded to calls or mail. I tried
to have him served there by a county marshal, people at the address
said he had moved to southern CA. Tried service at the address there
- they couldn't find him. Turns out DMV still showed him at the
original address. I finally was able to assume that he was still
living there with his girlfriend and was able to use substitute
service to get him to court.
It took a few weeks to get him served. After all that work, he
wallked into court and accepted responsibility for what I claimed he
owed without any arguement and said he would pay. Asked for
installments. I agreed. His girlfriend paid me.
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Najena wrote:
cj.green@worldnet.att.net (Christopher Green) wrote in
news:c31fa7b1.0403181421.555db1a@posting.google.com:
So if you wanted to handle this on a pro se basis, you'd have to file in
trial-level court and use a supoena? Small-claims would be unavailable
to
you?
In Florida you can have an atty represent you in
small claims, although it triggers the ability of
your opponent to do discovery on you. If opponent
chooses discovery, then you can also.
It is also possible to move to get your >reasonable<
atty fees paid by the plaintiff. This might be
reasonable, but ???
Not sure about the poster's state, but maybe
he can look into the atty/small claims option.
I am not a lawyer. I do not even see email sent to this address, due to
past DOS attacks. If you wish to respond, do so through this newsgroup.
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Arthur L. Rubin wrote:
File the claim giving the name and DL info.
The court will do the rest.
It's only a suggestion that may or may not work.
I think the "may not work" part would be the correct one, st00pid.
But of course, you know the workings of every state and county small
claims
court don't you?
St00pid your arrogance has proven your downfall before. Are you giving it
another chance here?
California used to hand out information if all you had was the license
plate
number.
For the mere sum of 50 cents. But they passed a law limiting that
privilege
only to law enforcement.
Why would law enforcement need to PAY to get information on a license plate
number, Bullis?
Many states will do the same thing.
My mother signed a warrant out on somebody based on the license plate and
got the information with no trouble.
I got a guy's address from the local cops once because I made a mistake on
the credit card slip and needed his signature again. All I had was the
license plate number and his name. The cops got me his phone number.
Sure they did st00pid. Would this be before or after Ma Bullis turned into
a vegetable?
You could probably go to the DMV, explain the situation, give them what
you
got, and you might get lucky.
Don't know unless you try right?
Or unless it's moronic advice given by an idiot.
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From: "Richard" <Anonymous@127.000>
Newsgroups: misc.legal,ca.driving
Subject: Re: How to get driver's address?
Date: Thu, 18 Mar 2004 12:37:17 -0600
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In article <ZNydnRLzYrJY18TdRVn2gA@giganews.com>, Dave Smith says...
California.
How do I get a driver's (or owner's) address from the vehicle
license or driver's license number? I was involved in an
accident and the other driver's insurance is disputing fault,
so I need to sue the other driver in small claims court.
Unfortunately, I didn't record the other driver's address,
only name and license info. The other driver originally
admitted fault (was on cell phone). Might it be wise
to also attempt to get the driver's cell phone records?
Thanks.
I live a neighboring state. State law here says only certain people (lawyers &
PI's)can get information without a court order. I recently had to get
information about a vehicle that had been abandoned on my property. My DMV had
a form that listed about 20 classes of people -- including me -- who could get
information. My point is that your DMV may already have something in place to
cover your situation and the best thing is to go in person to your local DMV
office and ask. Take a copy of your lawsuit (with the case number on it) with
you as DMV may ask for it.
You might consider some alternatives to finding your defendant. Try voter
registration records, county assessor tax records, and the county recorder's
records. These are usually public information but you may have to travel in
person to your county courthouse to view them. Even if your defendant is not a
registered voter or a property owner, you may still find a recorded document --
such as another judgment or a tax lien -- with his address on it. (I used to be
licensed by the Superior Court to serve process and this is how I used to find
people that did not want to be found.)
Many restricted records, such as DMV records, can be obtained with a court
order. If all other avenues (including some of those suggested by others who
responded) fail, go to the clerk of your small claims court and ask for
assistance in seeking an order. They may already have some sort of form for
this or you may have to draft your own motion and order.
Good luck.
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