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TJ, Esq.
TJ, Esq., Attorney
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Experience:  Licensed to Practice Law
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Hello Sir! I plan to file a Small Claims case but have no address

Customer Question

Hello Sir! I plan to file a Small Claims case but have no address to serve the papers. An address service request has been sent. This person has a VOIP phone. Would the court subpoena the phone company to get a physical address?
Submitted: 11 months ago.
Category: Legal
Expert:  TJ, Esq. replied 11 months ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

The court wouldn't subpoena the phone company. It is the plaintiff's obligation, not the court's obligation, to find out the address of the defendant. Accordingly, you would need to subpoena the phone company records yourself. I have seen this sort of thing done in the past (particularly with regard to subpoenaing contact info from ISPs, but phone companies should be no different). You can visit the court clerk for the subpoena forms.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is greatly appreciated. Thank you for using our service!
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9699
Experience: Licensed to Practice Law
TJ, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Hello TJ, Are you aware of a form the Small Claims clerk has which he/she stamps?This form is then taken to the Post Office to obtain the defendants address. I need an address to serve papers.

Expert:  TJ, Esq. replied 10 months ago.
hi again. Yes, you can send a request to the post office to get an address for a person, but I'm not sure if the small claims court has a form for that. What did the small claims court clerk say? Did you ask?
Customer: replied 10 months ago.

Hello again! I tried the address service request method. This did not work as the post office only forwards mail for a certain time period(18 months).I did not save the info from a Google search, but it read there is a form the court has that they stamp then the plaintiff takes it to the Post Office to obtain an address.

Expert:  TJ, Esq. replied 10 months ago.
Did you use this form:

http://about.usps.com/handbooks/as353/as353c5_002.htm#ep797495
Customer: replied 10 months ago.

Information is not available to the public without a subpoena. The form i was speaking of comes from the Small Claims Court at the time of filing. It is a court form taken to the Post Office.

Expert:  TJ, Esq. replied 10 months ago.
Hmm. I'm afraid that I don't know of a form issued by the court itself. I've only used the form I referenced above.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9699
Experience: Licensed to Practice Law
TJ, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

If I want to subpoena a forwarding address from the Post office





Resolved Question:




If I want to subpoena a forwarding address from the Post office do I need to get a court order? I am trying to serve teh defendant in a case and she no longer uses her lask known address. I have sued this individual for theft and fraud.



Submitted: 1 year ago.


Category: Personal Injury Law (Thanks TJ)









Expert:  TJ, Esq. replied 10 months ago.
Hello again.

As far as I know, a subpoena is not required. Moreover, I'm not even sure that a subpoena from a state court would be enforceable against the USPS.

I've only used the form that I cited above, and that is based upon the following from the USPS:

5-2 Requests for Employee or Customer Information

Customer Names and Addresses. The procedures related to the disclosure of customer names and addresses are as follows:

Customer or Mailing Lists. Mailing lists or other lists of names or addresses (past or present) of Postal Service customers or other persons may not be made available to the public by any means or for any purpose.
Address Location. If the location of an address is known, a Postal Service employee may disclose the location or give directions to the address.
Release of Address Information:
General. Information relating to boxholders, permanent and temporary change of address, and commercial mail receiving agencies may only be disclosed as permitted by the Privacy Act and routine uses for the applicable system of records. See the Appendix, additional instructions in section 5-2d(3)(b), and Exhibit 5-2a, Address Disclosure Chart.
Additional Instructions. The following additional instructions must be followed relating to requests for change of address or boxholder information.
General. Disclosures must be limited to the address of the specific individual about whom information is requested, not other family members or individuals whose name may appear on the change of address form. The address of an individual may be withheld to protect the individual’s personal safety. If an individual has filed for a protective order, the address may not be disclosed except pursuant to a court order and on the advice of counsel.
To persons serving legal process. This includes persons empowered by law, the attorney for a party on whose behalf service is to be made, or a party who is acting pro se (the term pro se means that a party is self–represented, and is not represented by an attorney). When responding, do not provide a copy of PS Form 3575, Change–of–Address Order, or PS Form 1093, Application for Post Office Box or Caller Service, to the requester. The USPS does not have a standard form for use when requesting address information. Requesters are encouraged to use the standard format in Exhibit 5-2b. If the requester uses the standard format on its own letterhead, the standard format must be used in its entirety, and the warning statement and certification must appear immediately before the signature block. If the request lacks any of the required information or a proper signature, the custodian must return it to the requester specifying the deficiency. Requests via facsimile from process servers are acceptable. Each request must specify all of the following information:

A certification that the name or address is needed and will be used solely for service of legal process in connection with actual or prospective litigation.

A citation to the statute or regulation that empowers the requester to serve process, if the requester is anyone other than a party acting pro se or the attorney for a party for whom service will be made.

The names of all known parties to the litigation.

The court in which the case has been or will be commenced.

The docket or other identifying number, if one has been issued.

The capacity in which the individual is to be served (e.g., defendant or witness).
To a federal, state, or local government agency. Address verification is provided to government agencies that provide written certification that the information is needed to perform their duties. Address verification may also extend to a government contractor if its request is submitted on the agency’s letterhead and contains a certification signed by a duly authorized agency official that the contractor requires the information to perform official agency business pursuant to the contract with the agency. The contractor’s request may also be on its own letterhead if accompanied by the agency certification. Verification means advising the agency as to whether the address provided is one at which mail for that customer is currently being delivered. It does not mean or imply knowledge on the part of the Postal Service about the actual residence of the customer or the actual receipt of mail delivered to that address. Agencies must use the standard format in Exhibit 5-2c when requesting address verification. If the request lacks any of the required information or a proper signature, the custodian must return the request to the agency specifying the deficiency in the space marked “other.” Requests via facsimile from government agencies are acceptable.
For jury service. The known mailing address of any customer sought for jury service is provided without charge to a court official, such as a judge, court clerk, or jury commissioner, upon prior written request.

As an aside, I seriously doubt that the USPS keeps a database of everybody's address. It can provide data based on change of address requests, but if the USPS was not notified as a change in address, then it can't provide an address. So, even if you could subpoena the USPS, I don't think you'd get information that is any different than you'd get using the form that I referred you pursuant to the above rule.
Customer: replied 10 months ago.

Hello, i looked up the info you gave me. The above was a post from this site i found while researching the information. I will try this form.Thanks again!

Expert:  TJ, Esq. replied 10 months ago.
Sounds good. Thanks again for using our service. Let me know how it works out. :)
Customer: replied 10 months ago.

I will!

Expert:  TJ, Esq. replied 10 months ago.
Good luck!
Customer: replied 10 months ago.

IS THIS THE CORRECT FORM:


Exhibit 5-2b


Change of Address or Boxholder Request Format — Process Servers




































































































Expert:  TJ, Esq. replied 10 months ago.
Hello again.

Yes, that's the correct form that I referenced earlier. Good luck!
Customer: replied 6 months ago.

Is this a legal method to serve papers in Michigan courts? RPost Registered Email

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