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Asked in Cave Junction, OR Mar. 19, 2020 ,  1 answers Visitors: 10
How do I proceed filing a lawsuit for the breaking of an agreement documented on social media, and with no defendant address ?

1 Answers

Anonymous
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Posted on / Mar. 19, 2020 07:15:28

Without the defendant's address, you have no way to serve them with process, and would have to hire a private detective to see if they can find them. Hopefully you've got their real full name.

Your screen shots and your proof of payment, plus your own oral testimony MIGHT suffice to prove the elements of a cause of action in Small Claims court for breach of an oral contract. You'd need to prove
1) the contract (exactly what you agreed to buy and what they agreed to sell, and whether the copyrights, not just the compositions/beats/lyrics/verses were included;
2) defendant's breach;
3) no excuse for breach, which is defendant's burden to prove; and
4) your damages.

You'll have to sue the defendant where the defendant lives.

If these obstacles are insurmountable, you may need to chalk all this up to an expensive lesson on how NOT to do business, with someone you don't know, without a written contract specifying their name/address, dispute resolution procedures, an attorney's fee clause, jurisdiction and venue, etc. etc.

Note that the coronavirus has closed many facilities, and that may include your local courthouse, or the courthouse where the defendant lives, so even if you theoretically could proceed, you still might no be able to act right away.

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