How to sue the defendant if he has incomplete information?

When the plaintiff brings a lawsuit, it is one of the conditions of "having a clear defendant" stipulated in the Civil Procedure Law to provide specific and clear information such as the defendant's name and address. However, due to various reasons, the plaintiff could not obtain the identity information of the defendant, which made it difficult to file a case. In September, 20021year, the Higher People's Court of Henan Province issued the Notice of the Higher People's Court of Henan Province on Providing the Defendant's Residential Information Enquiry Service for Plaintiffs or Attorneys in Civil Litigation, which greatly facilitated the litigation of the parties. According to the relevant provisions of the Notice, we solve the problem of the defendant's incomplete identity information in different ways according to the actual situation:

1. The defendant's specific address information was not known when the lawsuit was filed.

The plaintiff or attorney can only provide the defendant's name and ID number, but do not know the specific address information of the defendant; In line with the requirements of the Notice, you can request the competent court to assist in the inquiry through the existing information system of the people's court;

Second, only know the defendant's residence.

The plaintiff does not know the defendant's ID number, but only knows the defendant's address and name; You can entrust a lawyer with a lawyer's card, a letter of introduction and other materials to apply to the police station where the defendant lives to inquire about the identity information of the defendant according to law;

Third, only know the information related to the defendant.

When the plaintiff or attorney can only provide information related to the defendant, such as bank card number, mobile phone number and other related information; The plaintiff or attorney can make inquiries by applying to the competent court for a pre-litigation investigation order.

Application Process of Pre-litigation Investigation Order (People's Court of Guancheng Huizu District, Zhengzhou City)

1. Material preparation: application form for investigation order, application form for inquiring the client's residence information, supporting materials to prove the existence of prosecution facts, copy of the client's ID card, and complaint; If you entrust a lawyer, you also need to provide: the official letter of the law firm, the copy of the lawyer's practice certificate, and the power of attorney;

2. Application process: Window No.7 of the filing court of the People's Court of Guancheng Huizu District-submission of application materials-examination and approval of the filing court-issuance of pre-litigation investigation order-delivery of investigation receipt;

It should be noted that the pre-litigation investigation order is only applicable to inquiring about the defendant's identity information related to the lawsuit, and it is strictly forbidden to inquire about the defendant's information unrelated to the lawsuit;

Attachment: Inquiry about the defendant's incomplete identity information in Zhengzhou.

court

The defendant's information is missing

Know the defendant's name and ID number, but don't know his address. Can the people's court's existing information system assist the inquiry?

If you only know the relevant information of the defendant (such as bank card number and mobile phone number, etc.). ) and do not know other identity information, can I apply for an investigation order at the filing stage?

Guanchenghuizu district people's court

Yes (query directly in the declaration window)

can

Jinshui district people's court

Yes (customer residence information inquiry application form is required)

No (application can only be made after filing a case)

Zhongyuan district people's court

can