small-claims-court
Can I Identify Facebook Stalker
<p>A cyber stalker keeps making face accounts and messaging me, and leaving comments on my wall. I would like to identify who this person is. For which I would need his email and IP address, to begin with.</p>

<p>I myself live in Texas, and the person stalking me is unknown to me.</p>

<p>I'm thinking of doing the following:</p>

<ol>
<li>File a small claims civil suit against him for cyberstalking</li>
<li>Since I do not know him, I can use the John Doe defendant</li>
<li>Have the Texas court issue a subpoena for defendant's discovery</li>
<li>Request out of state <a href="http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&amp;group=02001-03000&amp;file=2029.100-2029.900" rel="nofollow">subpoena transfer</a> to California</li>
<li>Have Facebook response to the civil subpoena <a href="https://www.facebook.com/help/473784375984502" rel="nofollow">as per their policy</a></li>
</ol>

<p>I have two questions.</p>

<p>a) Do you think flaws or problems in this approach?
b) Since I'm in Texas, is it possible to directly sue in California remotely? Hiring a lawyer might be too expensive.</p>

<p>Do you have reason to believe that the person is in Texas? If he is Idaho, you'd need to sue him in Idaho. When you write up your claim, how would you describe the monetary damage that he has done to you? You can only sue for money, <a href="http://www.culpepperlaw.com/jpclaims.htm" rel="nofollow">not an injunction</a> or punitive damages. The rules say that you have to actually identify the defendant, e.g. <a href="http://www.dallascounty.org/department/jpcourts/3-1/start.php#start" rel="nofollow">here</a> for example indicates that you have to provide</p>

<blockquote>
  <p>The Defendant's complete name and address, of each person or business
  the Plaintiff's claim is against. Correct names and addresses are
  vital to the Plaintiff's case because the Court cannot grant a
  judgment against a Defendant who is improperly named in the petition.
  Therefore, the Plaintiff must determine the correct legal name and
  address of the person or business being sued before going to the
  Clerk.</p>
</blockquote>

<p>The courts generally have the power to reject a claim that is not properly filed, and you would face problems because you haven't properly filed the complaint, Texas isn't known to have jurisdiction, and the claim won't truthfully allege that the defendant owes you money.</p>

<p>There is one other issue: Texas abolished small claims court a few years ago, and all such cases are heard in justice court, as a small claims case. Chapter 28 of the government code no longer exists, and <a href="http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.27.htm" rel="nofollow">27.060</a> is all that remains. It appears that the rules are the same, but there is some updating still to be done, for example <a href="http://www.txcourts.gov/media/1435952/trcp-all-updated-with-amendments-effective-912016.pdf" rel="nofollow">Rule 78a</a> still says "The civil case information sheet  is  not  required  in  cases  filed  in  justice 
courts or small-claims courts", though there is no such court. </p>
