Locating the Defendant’s Information: Methods for Discovery

Considering filing a lawsuit but unsure who to sue? Locating defendant information may seem complex, but it isn’t always so.

A small claims lawsuit requires three pieces of defendant information: (1) Full name; (2) Registered address; (3) Identification number. While seemingly straightforward, data indicates many plaintiffs make errors or encounter difficulties. Errors involve misidentifying information fitting the three categories, while difficulties arise from missing data.

This article covers defendant information requirements, including mandatory details and proper formatting; information retrieval methods (such as identification via ID or registered address); acceptable defendant addresses for lawsuits; and legal implications of missing or incorrect information.

Required Defendant Information in a Lawsuit

After filing a small claims lawsuit, the court clerk’s office serves the defendant. This is crucial for proper defendant identification and enabling a responsive pleading. The judiciary mandates three specific details in the lawsuit to prevent identification errors and ensure proper service of the complaint and subsequent defense filing. These three details are:

1. The defendant’s full name. Include the first and last names. For corporations, provide corporate details. For licensed businesses operating under a different trade name, use the owner’s full name, not the trade name. For example: If Israeli Israeli operates a sole proprietorship known as “Israeli Air Conditioners,” use Israeli’s full name, not the business name. If Israeli Israeli owns a limited company, list the company as the defendant, but ideally include Israeli’s details in parentheses, noting their ownership.
2. The defendant’s registered address. This is the residential address or business/work address. For residential addresses, use the address registered with the Ministry of Interior. For corporations, use the address listed in the Registrar of Companies. For associations, use the address listed on the Registrar of Associations website. Lack of a defendant’s address prevents service of the complaint.
3. The defendant’s identification number. For individuals, this is their ID number. For corporations, provide the corporation number (e.g., company registration number or registered association number). Corporate details are available on the Registrar of Companies website. For sole proprietorships, this information typically appears on receipts and invoices issued to the plaintiff.

Defendant is a Licensed Business, and I Lack Their Full Name

Many businesses operate under a trade name, not the owner’s full name. For example, Israeli Israeli might operate “Israeli Air Conditioners.” Fortunately, all Israeli businesses must maintain a file with the Israel Tax Authority. For sole proprietorships, the business registration number is the owner’s ID number. The Israel Tax Authority website allows retrieval of the business owner’s full name using the business registration number or tax file number. This service is free. The business registration number or tax file number usually appears on order summaries, receipts, or invoices. The Tax Authority website and business invoices also provide the address.

Defendant is a Limited Company. How to Locate Company Information?

Many corporations operate under a trade name, but have a registered name used for official registration. For example, Coca-Cola’s official name in Israel is The Central Bottling Company for Soft Drinks Ltd. The lawsuit must state the corporation’s official name. The trade name can also be included.

All corporations (including limited companies) must register with the Registrar of Companies. Upon registration, they receive an identification number similar to an individual’s ID number. Limited companies have a company registration number; associations have a registered association number; and so on. The Registrar of Companies website allows retrieval of the corporation’s identification number using its official name. This service is free. The corporation’s identification number and official name typically appear on order summaries, receipts, or invoices. The official name usually appears on the website’s terms of service or privacy policy.

Defendant is an Association. How to Locate Association Information?

Like limited companies, many associations operate under trade names. Consider the well-known Chabad organization, a registered association with affiliated branches. The official name of the main branch is “Young Chabad Association – Center (Registered Association).” As with limited companies, the lawsuit must state the association’s official name and other relevant information.

Registered associations are corporations, and their registry information is available on Guidestar – the official Ministry of Justice directory. This includes the association’s address, phone numbers, email, officers, and more. This service is free.

If the association has a website, its official name usually appears in the “About Us,” terms of service, privacy policy, or accessibility statement sections. After identifying the official name, further details can be found on Guidestar.

How to Locate the Defendant’s ID Number?

According to the judiciary’s guidelines, if the defendant is an individual, their ID number is not strictly required in the lawsuit. However, court clerk office practice indicates that physical submission of the lawsuit is generally impossible without the defendant’s ID number. This is particularly true when the defendant has a common name (such as Israeli Cohen) which might lead to misidentification.

1. Defendant is a licensed business: The ID number of a licensed business is also their business registration number with the Tax Authority. This number appears on documents issued by the business, such as invoices or receipts.
2. Defendant is a corporation (e.g., limited company): The corporation’s identification number can be found free of charge on the Registrar of Companies website.
3. Defendant is an unlicensed business or individual who hasn’t provided invoices: Licensed businesses register with the Tax Authority using the owner’s ID number. Therefore, for a licensed business, the business registration number is usually the owner’s ID number. To confirm, enter the business registration number on the Israel Tax Authority website. The business registration number usually appears on documents provided by the business, such as invoices.

For individual defendants, complete a Population and Immigration Authority form to request missing information. According to the Population and Immigration Authority procedure, submit the form to the Ministry of Interior. To facilitate the search, provide as much known information as possible and explain the need for the defendant’s information. As of 2024, the application fee is 20 NIS, non-refundable if the information is not found. Note that private companies specialize in locating defendant ID numbers, and you may also hire an investigator.

Locating Defendant Information via Address

Note: The lawsuit must state the defendant’s registered address – residential or business address. For corporations, use the address from the Registrar of Companies.

1. Defendant is a licensed business: Use the address registered with the Ministry of Interior. Business details appear on documents such as receipts or invoices, and on the Israel Tax Authority website.
2. Defendant is a corporation (e.g., limited company or association): Use the address listed on the Registrar of Companies website or Registrar of Associations website. This service is free.
3. Defendant is an individual: Submit an online request via the Population and Immigration Authority website.

Filing a Spam Lawsuit with Only the Sender’s Phone Number

This is a common problem. Unknown users sending relentless marketing messages make identification difficult. Users wishing to file a small claims spam lawsuit often lack defendant information.

The most common method is to use an app to identify the name associated with the phone number. Popular apps include: Truecaller, ME, Call app. Entering the “problematic” phone number may reveal the sender’s identity.

Alternatively, use the bot on the “Hamide’on” Telegram channel. You can also search Google. Often, enough information is found to identify the organization behind the messages. After identification, locate the remaining details using the methods described in this article.

Legal Implications of Missing or Incorrect Information

The law specifies required information for small claims lawsuits but doesn’t prioritize specific details. However, lawsuits lacking the information detailed in this article will be rejected by the clerk’s office. This is logical; without the defendant’s full name, the court cannot understand who is being sued. Without an address, service is impossible. Without an identification number, identification errors are more likely.

Ensuring Proper Completion of the Small Claims Lawsuit Form

Judicial data shows approximately 50% of small claims lawsuits are dismissed due to technical issues, not because of merit. The judiciary’s form is clear but archaic. It must be printed and completed by hand, with insufficient space for clear presentation. To overcome technical difficulties, we’ve developed a smart system that simplifies the process. Users answer questions, and the system generates a lawsuit compliant with judicial instructions and organizes documents effectively. Read more in our complete guide to filing a small claims lawsuit.