Locating the Defendant’s Information: Methods of Discovery

Seeking to file a lawsuit but unsure whom 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 err or encounter difficulties. Errors arise from misidentifying information fitting the three categories; difficulties stem from missing information.

This article details defendant information requirements: mandatory information and its correct format; methods for locating information (such as using identification documents or registered addresses); what constitutes a defendant’s address for a lawsuit; 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 lawsuit on the defendant. This is crucial for proper defendant identification and enabling the filing of a defense. The judiciary mandates three pieces of information in the lawsuit to ensure accurate identification and enable service of the lawsuit for a proper defense. These three pieces of information are:

1. The defendant’s full name. Include first and last names. For corporations, list corporate details. For licensed businesses operating under a different trade name, provide the owner’s full name, not the trade name. For example: If Israeli Israeli operates a sole proprietorship/licensed business known as “Israeli Air Conditioners,” list Israeli’s full name, not the business name. Another example: If Israeli Israeli owns a limited company, list the company’s name as the defendant, but ideally include Israeli’s details in parentheses, stating his ownership.
2. The defendant’s registered address. Provide the defendant’s residential address or business/workplace address. For residential addresses, use the address registered with the Interior Ministry. For corporations, use the address listed in the Companies Registrar. For associations, use the address from the Registrar of Associations website. Without the defendant’s address, the court clerk’s office cannot serve the lawsuit.
3. The defendant’s identification number. For individuals, use their ID number. For corporations, list the corporation’s registration number (such as company registration number or registered association number). Corporate details can be found on the Companies Registrar website. For corporations or self-employed individuals, this information usually appears on receipts and invoices provided to the plaintiff.

The Defendant is Self-Employed and I Don’t Have Their Full Name

Many self-employed individuals operate under a trade name, not their full name. For example, Israeli Israeli might operate a business called “Israeli Air Conditioners,” obscuring their full name. Fortunately, all self-employed individuals in Israel must maintain a file with the Israel Tax Authority. For self-employed individuals, their business registration number serves as their business owner’s identification number. The Israel Tax Authority website allows locating a business owner’s full name using their 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 provided by the self-employed individual. The Tax Authority website and invoices also list the self-employed individual’s address.

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

Many corporations operate under a trade name, but have an official name used for registration with the Companies Registrar. For example, the trade name of “Coca-Cola” in Israel is the Central Bottling Company for Soft Drinks Ltd. The lawsuit must list the corporation’s official name, though the trade name can also be included.

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

The Defendant is an Association. How to Locate Association Information?

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

Registered associations are corporations whose registry information can be found on Guidestar – the official Ministry of Justice directory. This includes the association’s address, phone numbers, email address, office holders, and more. This service is free.

If the association operates a website, its official name is usually found in the “About Us,” terms of use, privacy policy, or accessibility statement sections. Once the official name is known, further details can be found on the “Guidestar” website.

How to Locate the Defendant’s Identification Number?

According to the judiciary’s guidelines, if the defendant is an individual, it’s not strictly necessary to include their ID number in the lawsuit. However, court clerk office practice shows that a physical submission of the lawsuit cannot be made without the defendant’s identification number, particularly when the defendant has a common name (such as Israeli Cohen), which increases the risk of misidentification.

1. The defendant is self-employed: A self-employed individual’s identification number is their business registration number with the Tax Authority (“BRN”). This number appears on documents issued by the self-employed individual, such as invoices or receipts.
2. The defendant is a corporation (such as a limited company): A corporation’s identification number can be found free of charge on the Companies Registrar website.
3. The defendant is a self-employed individual who did not issue invoices or is a private individual: A self-employed individual registers with the Tax Authority using their identification number. Therefore, if suing a self-employed individual, their business registration number is usually their identification number. To verify this, enter the defendant’s business registration number on the Israel Tax Authority website. The business registration number usually appears on documents issued by the self-employed individual, such as invoices.

If the defendant is an individual, complete a Population and Immigration Authority form to request missing information. According to the Population and Immigration Authority procedure, this form must be submitted to the Interior Ministry. To aid the search, provide as much known information as possible and explain why you need the defendant’s information. As of 2024, the application fee is NIS 20, and the applicant’s money will not be refunded if the information is not found. Note that private companies specialize in locating defendant identification numbers, and you can also hire an investigator.

How to Locate Defendant Information Using the Defendant’s Address?

Note: Legally, the lawsuit must include the defendant’s registered address – their residence or place of business. For corporations, use the address listed with the Companies Registrar.

1. The defendant is self-employed: Use the address registered with the Interior Ministry. The self-employed individual’s details are available on documents they provided (such as receipts or invoices), and on the Israel Tax Authority website.
2. The defendant is a corporation (such as a limited company or association): The lawsuit must list the corporation’s address as it appears on the Companies Registrar website or Registrar of Associations website. Locating a corporation’s address is free.
3. The defendant is an individual: Submit an online request through the Population and Immigration Authority website.

I Want to File a Spam Lawsuit but Only Have the Sender’s Phone Number. What Should I Do?

This is a very common problem. Unknown users sending constant marketing messages make it difficult to identify the sender. Users wanting to file a small claims spam lawsuit often don’t know whom to sue.

The most common method is to enter the sender’s phone number into an app that identifies names based on phone numbers. Popular apps include: Truecaller, ME, Call app. After entering the “problematic” phone number, the sender’s identity may be revealed.

Those unwilling to download apps can use the bot found on the Telegram channel “Hamide’on”. You can also search the phone number on Google. Often, enough information is found to identify the organization behind the problematic messages. After identifying the sender, you can find other details using the methods described in this article.

What Does the Law State When Information is Missing or Incorrect?

The law specifies the information required when filing a small claims lawsuit but doesn’t explicitly prioritize one piece of information over another. However, a lawsuit lacking the information detailed in this article will be stopped by the clerk’s office. This is reasonable; without the defendant’s full name, the court cannot understand who is being sued. Without an address, the clerk cannot serve the lawsuit. Without an identification number, there’s a risk of misidentification.

How Do I Correctly Complete the Small Claims Lawsuit Form?

According to judiciary data, approximately 50% of small claims lawsuits are dismissed due to technical issues, not because of substantive inaccuracies, but because the plaintiffs did not file them properly. The judiciary’s form is clear, but feels archaic. It must be printed and handwritten, and the space is insufficient for optimal storytelling. To overcome this technical hurdle, we have developed a smart system that eliminates the need for users to handle the technical aspects. Users only need to answer the questionnaire’s questions, and the system generates a lawsuit complying with the judiciary’s instructions and organizes the documents. Read more in the complete guide to filing a small claims lawsuit.