How to sue if you don't know the other party's name

Want to sue a person but don't know the identity of the other party, how to crack it?

In real life, we will inevitably get into disputes with others because of economic or other things, and we need to seek judicial relief from the court. However, we don't know each other's specific identity. In most cases, we only know each other's names and know nothing else. Some even know each other's nickname and real name. According to the principle of judicial neutrality and non-litigation, the court will not help you investigate the specific identity information of the defendant. According to Article 119 of the Civil Procedure Law of People's Republic of China (PRC), prosecution must meet the following conditions: 2) There is a clear defendant. If the exact identity information of the defendant cannot be found, the court will generally refuse to accept it on the grounds that there is no clear defendant. Therefore, if you want to file a lawsuit against others, the first step is to lock the legal identity information of others. From the point of view of ordinary people and lawyers, here are some methods and steps to search for the identity information of the other party.

First, obtain the identity information of the other party through alarm.

If you don't know each other very well or don't even know each other before the dispute occurs, you can take the initiative to ask the other party to show your identity information and clearly tell us to seek judicial settlement next. If the other party explicitly refuses, you should call the police at the first time. After going out, the police will ask both parties to show their ID cards and record their identity information. At the same time, if it is a civil dispute, the police will inform both parties to apply to the court for litigation. Although the police's police records cannot be directly consulted and copied, lawyers can be entrusted afterwards, and lawyers can go to the police station to retrieve them, so that the defendant's complete identity information can be obtained.

Second, some common methods for lawyers to obtain the identity information of the other party

Because personal identity information is an important part of personal privacy, it is protected by law and cannot be disclosed to others unless it is for legal reasons. Therefore, the state has made various regulations and restrictions on obtaining other people's identity information. It is difficult for ordinary people to obtain it, mainly because they need to entrust a lawyer to obtain it. China's Lawyers Law stipulates that lawyers have certain rights to investigate and collect evidence. Lawyers can obtain all kinds of information from relevant departments by virtue of lawyer's certificate, client's power of attorney and official letter from law firm, which should of course be used for proper purposes. Therefore, this article

1, go directly to the public security household registration department.

Lawyers can obtain the required citizenship registration information from the public security department with relevant certificates and procedures. At present, most provinces have opened a unified inquiry system in the province. You can inquire about the registration of population identity information in the province anywhere in the household registration department. Some provinces have even opened nationwide inquiries, which is very convenient. If the parties don't have a copy of the other party's ID card, the first step before the lawyer goes to court is to go to the public security department to obtain the identity information of the defendant, which is the most common means of investigation. But this method can only be used if the plaintiff has the exact name and ID number of the defendant. After all, there are hundreds of people with the same name, and it is difficult to distinguish them by their names. In practice, if you don't have the defendant's ID number, but you can identify who it is by identifying the head of the ID card or other ways, you can also make inquiries in this way.

2. Obtain the defendant's industrial and commercial registration files from the industrial and commercial registration administration department.

If you can't know the defendant's ID number or other key distinguishing information, it is difficult for the public security household registration department to retrieve the specific identity information of the defendant. At this time, it is necessary to carefully study whether the defendant may have a company or enterprise. This investigation method is generally used for contract disputes or company disputes. Lawyers know the name of the company that may exist under the defendant's name by studying the contract or other investigation methods (such as drilling holes), and then go to the industrial and commercial department of the registration authority to obtain the internal file of industrial and commercial registration, which contains a copy of the defendant's ID card (that is, the company owner or promoter, etc.). This method is even faster than the efficiency of the public security household registration department, but it is a technical job to judge the possible industrial and commercial registration under the defendant's name in the early stage, which tests the lawyer's comprehensive practice ability.

3. Obtain the registration information of the owner of the real estate from the real estate registration department.

This survey method is generally used for real estate disputes or property disputes, disputes caused by house sale, lease and mortgage, or property disputes between some property companies and owners. It is relatively easy to determine the houses owned by the defendant (generally the houses that cause disputes between you), but if you don't know the identity information of the defendant, the lawyer can go to the local real estate trading center with relevant documents to find the identity information of the defendant. However, this method can directly query the real estate (real estate) under the defendant's name, so the legal restrictions are also strict. Generally, inquiries can only be made by the court's filing materials and other relevant certificates, which is also the embodiment of protecting citizens' property privacy.

4. Inquire about the location of property rights registration institutions such as vehicle management offices and stock exchanges.

This method, like real estate inquiry, belongs to an inquiry method of checking the identity registration information of the property owner or obligee through property clues. As for which department to inquire, it depends on the judgment of property clues and possible identity information. Generally speaking, China implements the real estate registration system. At present, except for some rural properties, others have registration records, and identity information is registered as soon as the property is registered; For movable property, large movable property such as cars, ships, planes, etc. They are all registered, and whether other movable property is registered is endless; As for rights, such as securities, some are registered and some are unregistered, and they can all be inquired. However, some properties are highly private information, which can only be obtained by applying to the court for personal access or lawyers applying to the court for an investigation order.

5. By asking the telecommunications department.

At present, China Mobile, China Unicom and China Telecom all carry out real-name registration system authentication. It can be said that most telephone numbers can find the identity information of the number issuer, but the number issuer is not necessarily the number user. In reality, most people don't know each other's information, but they still know each other's mobile phone number. After all, in modern society, people who have a little intersection will have telephone communication, so this move is more applicable, but in reality it is difficult to use this move before filing a case. After all, the three major operators do not pay much attention to the independent investigation of lawyers, and it is difficult to get the investigation order of lawyers before filing a case. Of course, there are still some ways to achieve this move.

6. Other unconventional means.

By unconventional means, I mean legal means, but they are unusual or have other side effects. For example, if you don't know the identity information of the landlord because of a dispute between renting a house and the landlord, the landlord can directly report tax evasion to the tax inspection organ, and then the tax inspection brigade will help you investigate the identity information of the landlord for future litigation, and so on. The use of these means is the embodiment of the comprehensive cognitive level of the law, and the ultimate goal is to obtain the identity information of the other party for use in litigation.

Finally, no matter how the other party's identity information is obtained, it must not be abused and can only be used for litigation purposes, otherwise it will bear corresponding legal responsibilities.