Legal Question in Civil Litigation in California

small claims case

can you sue someone who is incarcerated? An ex roomate of mine got us evicted and skipped out of the country and later deported back to the us to face criminal charges he is incarcerated for 51 months and I am worried that I will never get my money so can I sue him in prison? he owes me over 2,000 dollars and I have not seen him since he left the country.


Asked on 4/24/09, 4:02 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: small claims case

Sure, you can sue him. You can even win a judgment against him and try to enforce it. Such things happen to inmates all the time. Whether you will be able to actually get any money from him, though, is another question.

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Answered on 4/24/09, 4:17 pm
Scott Linden Scott H. Linden, Esq.

Re: small claims case

Of course...and it makes Service of Process that much easier as well. There is always, unfortunately, the matter of collecting the judgment...

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Answered on 4/24/09, 6:13 pm


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