Starting a Small Claim (20:V): Difference between revisions
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→10. Suing an Unknown Person
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=== 10. Suing an Unknown Person === | === 10. Suing an Unknown Person === | ||
If a claimant does not know the identity of one or more parties, the claimant can still file a claim using a misnomer. | If a claimant does not know the identity of one or more parties, the claimant can still file a claim using a misnomer. For example, the claimant would list the unidentified defendant as either John Doe or Jane Doe as the case may be. If there are multiple unknown parties, the claimant could add a number to each misnomer (e.g., John Doe 1; John Doe 2). Misnomer also applies to unknown companies. | ||
A | A claimant should research the law surrounding misnomer and ensure that both the unidentified party and its actions are described in as much detail as possible. | ||
If the party is unknown because of a motor vehicle hit and run, the claimant may sue ICBC as a nominal defendant. | If the party is unknown because of a motor vehicle hit and run, the claimant may sue ICBC as a nominal defendant. | ||
